United States v. Castro-Avalos

MEMORANDUM *

Romeo Antonio Castro-Avalos (“CastroAvalos”) appeals his convictions for violating 21 U.S.C. § 843(b) by using a telephone to facilitate a conspiracy to distribute cocaine. We reverse Castro-Avalos’s convictions on all counts because the Government presented insufficient evidence of the existence of the conspiracy it claims he facilitated.

Castro-Avalos claims his conviction for telephone facilitation of a conspiracy cannot stand because it is inconsistent with the jury’s acquittal of him on a separate conspiracy charge. The Supreme Court rejected a similar contention in United…