Page:United States v. Delgado (19-20697) (2021) Opinion.pdf/11

 main witness and provided the bulk of the testimony about his dealings with Delgado. Agent Roncska discussed the FBI’s investigation into Delgado (including Perez’s involvement) and the audio and video tapes from the sting operations. Montano provided limited testimony about the 2008 pickup truck; notably, that he paid Perez with the truck and never signed the title to anyone at Panther Motors. Roberto Guerra, Hinojosa, and Carlos Guerra testified regarding their conversations with Delgado about his awareness of the FBI investigation.

The Government submitted numerous exhibits. The jury listened and watched audio tapes and video tapes of Delgado accepting payments from Perez. The jury also listened to Perez’s phone calls and viewed his text messages. The jury reviewed the case files of Perez’s clients, including the PR bonds that Delgado issued, and the documents involving the truck Delgado received from Perez.

Delgado moved for judgment of acquittal after the close of the Government’s case in chief. He argued that there was “not evidence of an understanding, an agreement” between him and Perez, but rather that Perez’s own testimony made it clear that Perez merely “hoped for” favorable outcomes for his clients and “that was the reason he would buy wood from time to time.” He also argued that there was no evidence that he was aware of the federal grand jury investigation into his conduct. The district court reserved its decision.

The defense presented three witnesses: Delgado’s wife Diana Delgado, Delgado’s court reporter Jacqueline Inks, and McAllen attorney Ray Thomas. Inks testified about her duties as court reporter and that on January 29, 2018, and again on the 30th, she emailed Delgado transcripts from the mesh case he presided over. Thomas testified that in January 2018, Delgado sought his legal advice and he recommended a defense attorney to