United States v. Michael Alcantar

MEMORANDUM

Defendant-Appellant Michael Alcantar appeals his conviction after jury trial of multiple charges stemming from his participation in an attempt to purchase cocaine that culminated in the firebombing of a residence. The following are the relevant convictions: (1) Conspiracy to possess a destructive device, in violation of 18 U.S.C. § 371 and 26 U.S.C. § 5861 (d); (2) Possession of a destructive device, in violation of 26 U.S.C. § 5861 (d); (3) Conspiracy to possess with the intent to distribute between 500 grams and 5 kilograms of cocaine, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(B)(ii)(II), and 846; (4) Using or carrying a destructive device during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c); and (5) Conspiracy to use or carry a destructive device during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (o).

The evidence at trial showed that Alcan-tar was the “supervisor” of a group of felons who were members of the New Mexican Mafia. They embarked on a plan to buy and sell drugs in order to benefit members of the group still in prison. Their planned purchase of drugs at a park in Tucson was…