United States v. Donaciano Hernandez-Escarsega

On August 20, 1986, following an 18-day trial, a jury found Donaciano Hernandez-Escarsega (“Hernandez”) guilty of a series of drug-related offenses. Specifically, the jury convicted Hernandez of conspiracy to import marijuana, in violation of 21 U.S.C. §§ 952 , 960, and 963 (1982 & Supp. V 1987); conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841 and 846 (1982 & Supp. V 1987); conspiracy to travel in interstate and foreign commerce in aid of a racketeering enterprise, in violation of 18 U.S.C. §§ 371 and 1952(a)(3) (1982); and engaging in a continuing criminal enterprise, in violation of 21 U.S.C. § 848 (Supp. V 1987). Hernandez was sentenced to 40 years in prison and the forfeiture of various properties on the continuing criminal enterprise conviction. He received concurrent sentences of 5, 15 and 5 years on the three conspiracy convictions.

In this appeal, Hernandez raises a battery of claims challenging his convictions, sentencing, and the order of forfeiture. His myriad contentions, and the facts pertinent thereto, are addressed under separate headings. We affirm the conviction for engaging in a continuing criminal enterprise and the…