Page:United States v. Delgado (19-20697) (2021) Opinion.pdf/20

 with the expectation that he would be receiving a legitimate campaign contribution rather than a bribe. As with Counts Two and Three, there was more than sufficient evidence for a rational juror to conclude that the $5,500 cash payment was a bribe and that Delgado accepted the payment intending to be influenced in his decision to grant Garza a PR bond. For example, after accepting a roughly one-inch thick envelope full of cash, Delgado asks Perez to write down Garza’s case information, and the very next day Delgado releases Garza on a PR bond. A rational juror could conclude those actions were connected.

In sum, there was sufficient evidence supporting the jury’s convictions on Counts Two, Three, and Four.

Count One alleged that Delgado had conspired, per 18 U.S.C. § 371, to commit federal program bribery in violation of 18 U.S.C. § 666(a)(1)(B). The conspiracy allegedly began in November 2008 with the truck incident and lasted until November 2016 when Perez became involved in the FBI investigation. The conspiracy timeline halts once Perez becomes a government informant because “there can be no conspiracy between one defendant and a government informer.” United States v. Reyes, 239 F.3d 722, 738 (5th Cir. 2001) (quoting United States v. Manotas-Mejia, 824 F.2d 360, 365 (5th Cir. 1987)).

Conviction for conspiracy under § 371 requires proof of “(1) an agreement between two or more persons to pursue an unlawful objective; (2) the defendant’s knowledge of the unlawful objective and voluntary agreement to join the conspiracy; and (3) an overt act by one or more of the members of the conspiracy in furtherance of the objective of the conspiracy.” United States v. Richard, 775 F.3d 287, 294 (5th Cir. 2014) (quoting United States v. Coleman, 609 F.3d 699, 704 (5th Cir. 2010)).