reference to the truck incident as an overt act of the conspiracy. In its view, there was no evidence that Delgado took the truck “in exchange for favorable consideration on the case involving [Montano].”
But even if the 2008 truck incident is not enough in isolation, the evidence about the pre-November 2016 “buying wood” incidents provides sufficient evidence of an agreement for a conspiracy to commit federal program bribery within the timeframe of Count One. As described above, Perez testified on direct that during the timeframe of the alleged conspiracy, Perez would meet at Delgado’s home to buy firewood at inflated prices and request favorable outcomes on behalf of his clients. He also provided a list of clients who he claimed received favorable outcomes as a result of the bribes, including PR bonds with face values of $5,000 and $10,000. Given that a conspiracy conviction can be based on the uncorroborated testimony of an accomplice, Shoemaker, 746 F.3d at 623, this evidence is sufficient to support a conviction for conspiracy.[1]
Delgado argues that the evidence related to the “buying wood” incidents does not show an agreement, again citing to general inconsistencies in Perez’s testimony. For the same reasons discussed above with respect to Counts Two through Four, that argument is unavailing. He also makes his same argument about the lack of evidence supporting a transaction value of $5,000 under § 666(a)(1)(B), pointing to the amount of the bribes. Likewise, that argument fails for the same reasons discussed above.
- ↑ The Government also argues that the later, FBI sting incidents (i.e., the incidents comprising Counts Two through Four) provide corroborative evidence supporting the conspiracy conviction. The Government discusses these incidents as if they were constituent acts of the conspiracy, but given that Perez was a government informant at that time, at best the evidence only provides context for the earlier wood payments. Regardless, we think there is sufficient evidence to affirm the conviction on Count One without considering these incidents.
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