United States v. Oscar Ordonez, German Hernandez-Garcia, AKA Jaime Rivera

German Hernandez-Garcia, also known as Jaime Rivera, and Oscar Ordonez were each found guilty of conspiracy to possess and distribute cocaine ( 21 U.S.C. § 846 ) and two counts of possession of cocaine with the intent to distribute it ( 21 U.S.C. § 841 (a)(1) (Count 2 and Count 7). Ordonez was found guilty of an additional count of possession of cocaine with the intent to distribute it (Count 2) and of the crime of occupying the position of organizer, supervisor, or manager of a continuing criminal enterprise ( 21 U.S.C. § 848 ) (Count 14).

We must decide whether entries in a ledger were admissible to prove (1) the existence of a conspiracy or acts in furtherance thereof, (2) the corpus delicti of the crime of possession of cocaine with intent to distribute it, and (3) that a person is a leader of a continuing criminal enterprise, where the identity of the person who made the notation in the record is unknown. We have concluded that the entries were inadmissible to prove the truth of the matter asserted. Accordingly, we must reverse the possession and continuing criminal enterprise charges because the government failed to prove essential elements of these offenses with admissible…