United States v. Jose Ramon Vallez, Juan Molina and Theodore Quinonez

Defendants Molina, Vallez, and Quinonez were charged with first degree murder, conspiracy to murder, and conveying a weapon inside a federal prison. After a jury trial, Molina and Vallez were convicted of second degree murder; all three defendants were convicted of conveying a weapon inside a federal prison. We reverse the convictions of Vallez and Quinonez for conveying a weapon inside a federal prison. The other convictions are affirmed.

FACTS

Molina, Vallez, and Quinonez were inmates in federal prison at Lompoc, California. Molina borrowed $200 from an inmate named Rosas. When Molina did not repay the loan, Rosas contracted to have him killed. On the night of December 28, 1978, Vallez and Molina went to Rosas’ cell to persuade him to drop the contract. During a struggle, Rosas was stabbed six times and killed.

Several inmates witnessed the stabbing. Molina, Vallez, and Quinonez were seen near Rosas’ cell before he was killed, but Quinonez left before the fight began. An inmate named Du ver nay testified that Vallez stabbed Rosas while Molina held him down. Molina himself testified that at some point during the struggle, a knife fell to the floor, and that he picked it up and…