Page:United States v. Delgado (19-20697) (2021) Opinion.pdf/12

 Delgado. Diana Delgado testified that she and Delgado purchased the truck, which contradicted Perez and Montano’s testimony and Panther Motor’s financial records.

Before the jury returned its verdict, the district court denied Delgado’s pending motions for acquittal. The jury then returned its verdict finding Delgado guilty on all counts. Ten days after the jury verdict, Delgado filed a motion for judgment of acquittal notwithstanding the verdict. The district court denied the motion.

In advance of sentencing, a probation officer prepared a Presentence Investigation Report (“PSR”) which calculated the total value of the benefits received in return for the bribe payments to be $45,500. See U.S.S.G. §§ 2C1.1(b)(2), 2B1.1(b). This total included $15,000 based on the value of the pickup truck with the remainder derived from the sum total of the PR bond amounts awarded by Delgado to Perez’s clients in connection with the bribe payments (e.g., $5,000 for the PR bond awarded to Raul Sanchez in connection with the December 2016 sting). The PSR calculated a total offense level of 28, which included a six-level enhancement under U.S.S.G. §§ 2C1.1(b)(2) and 2B1.1(b) because the value of the “benefit received” exceeded $40,000 but was less than $95,000.

Delgado filed objections to the PSR, including the six-level enhancement, which the district court overruled. Based on an offense level of 28 and advisory Guidelines range of 78–97 months, the district court sentenced Delgado to concurrent terms of 48 months’ and 60 months’ imprisonment, followed by two years of supervised release.