United States v. Emilano Gomez-Gallardo

OVERVIEW

Defendant/appellant Emilano Gomez-Gallardo (Gallardo) was indicted and convicted for conspiracy with Jose Delacruz-Gutierrez (Gutierrez) to distribute cocaine. Gallardo appeals three alleged errors in his jury trial. He argues that Gutierrez was called as a witness in order to introduce otherwise inadmissible evidence, that the government introduced evidence of Gutierrez’s guilty plea for illegitimate and highly prejudicial purposes and that the government elicited prejudicial and irrelevant evidence of Gallardo’s drug use. We reverse the conviction and remand for new trial.

FACTUAL AND PROCEDURAL HISTORY

On the basis of an investigation by Agent James Baker with the assistance of an informant, “Lucky” Vrell, the government alleged that Gallardo, the appellant, and Gutierrez conspired to distribute cocaine between September 23 and 27, 1988. Gutierrez pled guilty to this charge.

The government’s case against Gallardo was based on the testimony of Vrell, Baker and Gutierrez. Vrell testified that he had participated in drug deals with Gallardo and Gutierrez and that they were supposed to complete a deal on the night of September 27, 1988. Vrell also testified that he had…