Page:United States v. Delgado (19-20697) (2021) Opinion.pdf/25

 The Government argues that the jury was presented with sufficient evidence to conclude that Delgado obstructed justice (or attempted to obstruct) when, after learning that he might be the target of a federal investigation involving the sale of firewood, he sent Perez a text message stating that he needed to return the $5,500 of cash on the pretense that it was a campaign contribution that needed to be submitted by check.

In support, the Government points to the evidence it presented showing that Delgado was informed by Juan Hinojosa that he was being investigated by the FBI for selling overpriced firewood. It argues this evidence shows that Delgado foresaw that a grand jury investigation involving him might be underway. It further points to the evidence related to the attempted bribe in August 2017, where Delgado suspected that the federal government was investigating corruption in Hidalgo County. The Government asserts the jury could infer that Delgado, having learned of a possible FBI investigation into his actions, sought to cover his tracks by attempting to recast a bribe payment as a campaign contribution.

Delgado argues that he did not know about the existence of a grand jury investigation but merely heard a rumor about a federal investigation “in a civil case unrelated to Perez.” He further argues that there was no evidence that the text message sent to Perez actually impeded a federal grand jury, or that he had acted corruptly in sending the message. But these arguments are unavailing; they amount simply to a different interpretation of the evidence presented to the jury.

We hold that there was sufficient evidence for the jury to convict Delgado of obstruction of justice in violation of § 1512(c)(2). The evidence