Javier Bocanegra, Jr. v. United States
I. Is there insufficient evidence for a conspiracy to transport
cocaine conviction based upon the testimony of cooperating
witnesses who are not credible and without proof beyond a
reasonable doubt of the conspiracy undertaken and nature of
what was transported.
II. Isita Violation of the Full Faith and Credit Act to enhance under
an old law, 21 U.S.C. § 841, for what was then a prior felony drug
offense based upon a Texas deferred adjudication (of guilt)
Possession of Marihuana when the Texas Court of Criminal
Appeals has found a deferred adjudication is not a conviction,
and Mr. Bocanegra was still on deferred adjudication probation
at the time of the enhancement with a possibility he could later
be adjudicated of a state jail felony or misdemeanor, which would
preclude the 841 enhancement.
Is there insufficient evidence for a conspiracy to transport cocaine conviction based upon the testimony of cooperating witnesses who are not credible and without proof beyond a reasonable doubt of the conspiracy undertaken and nature of what was transported?