Page:United States v. Delgado (19-20697) (2021) Opinion.pdf/3

 Six, and Seven); and obstruction of justice in violation of 18 U.S.C. § 1512(c)(2) (Count Eight).

The district court sentenced Delgado to 48 months’ imprisonment on Counts One, Five, Six, and Seven, and 60 months’ imprisonment on Counts Two, Three, Four, and Eight—with both sentences to be served concurrently—followed by two years of supervised release.

On appeal, Delgado challenges the sufficiency of the evidence supporting each conviction. He also appeals his sentence on the ground that the district court improperly applied a six-level enhancement under U.S.S.G. § 2C1.1(b)(2) due to an incorrect calculation of the total “benefit received” in exchange for the bribes. We AFFIRM.

For over 16 years and up until the time of his arrest, Delgado served as a state judge in the 93rd Judicial District Court in Hidalgo County, Texas, presiding over criminal and civil cases.

Perez became an attorney in 2002, after having previously worked as a probation officer. After graduating from law school, Perez worked for a year at the law firm of Guerra and Moore (run by Carlos Guerra and Michael Moore) in McAllen, Texas. He then opened a solo practice performing criminal defense work (among other services), including in the 93rd Judicial District where Delgado presided. Carlos Guerra, Perez’s former boss and a friend of Delgado’s, introduced Perez to Delgado.

In November 2008, Perez was representing Edylfonso Montano, who faced a probation revocation hearing in front of Delgado. Perez charged a $15,000 fee for the case. In lieu of cash, Montano paid the fee by giving Perez a used pickup truck. Unsure if he could accept a truck as payment, Perez reached out to Carlos Guerra for advice. Guerra advised that accepting the