Javier Bocanegra, Jr. v. United States
Privacy
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?
QUESTION PRESENTED 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. 1