United States v. Betancourt

SUMMARY ORDER

Defendants Daniel Fernandez and Jose Betancourt appeal from convictions for conspiring to distribute at least 1,000 kilograms of marijuana. See 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(vii), 846. Fernandez, who stands convicted after a jury trial, argues on appeal that (1) the district court erred in denying him a mistrial, (2) the district court’s multiple conspiracy jury charge was erroneous, (3) there was a prejudicial variance between the indictment and the trial evidence, and (4) the evidence was insufficient to support his conviction. Betancourt, who pleaded guilty, contends that…