United States v. Rolando Peralta

Rolando Peralta appeals from the judgment of conviction entered following a trial by jury. Peralta was found guilty of conspiring to take a hostage and to commit extortion in violation of 18 U.S.C. § 371 , hostage taking in violation of 18 U.S.C. § 1203 , and extortion in violation of 18 U.S.C. § 1951 . Peralta seeks reversal on the following grounds:

One. The district court erred in admitting hearsay statements under the co-conspirator exception because a judgment of acquittal of the conspiracy charge was entered in favor of the declarant.

Two. The district court erred in admitting expert testimony regarding the behavior of kidnap victims.

Three. The district court did not have jurisdiction over a charge alleging the taking hostage of a citizen of Nicaragua in Mexico.

We conclude that each of these contentions lacks merit and affirm the judgment.

I

Pertinent Factual Background

Peralta was accused of having ordered the kidnapping of Maria Robleto, daughter of Peralta’s former lover, Indiana Robleto. Also charged in the conspiracy count were Socorro Contreras and Rigoberto Herrera. The Government’s theory at trial was that Maria Robleto was kidnapped in Mexico to induce…