United States v. Joseph Christopher Fontenot

Joseph Christopher Fontenot (Fontenot) appeals from his conviction and sentence for traveling in interstate commerce with intent to hire a person to murder his wife, in violation of 18 U.S.C. § 1958 . We affirm.

FACTS

While vacationing in San Francisco with his girlfriend, Suzanna Walton (Walton), during the week of June 7, 1990, Fontenot hired a limousine driver, Marcelo Feldberg (Feld-berg). Fontenot told Feldberg that he wished there was some way he could “get rid of’ his wife, Catherine, because he feared she would obtain custody of their children. Later, when Fontenot made it clear that he was looking for help in eliminating his wife, Feld-berg told Fontenot that he might know of a hit man who would do the job for $3,000-5,000. The men exchanged telephone numbers and agreed to keep in touch.

Feldberg made several telephone calls to Fontenot. During one conversation, Fonte-not inquired whether Feldberg had found a hit man. Feldberg stated he had yet to do so because he wanted to make sure Fontenot was serious. To show his intention, Fontenot wired Feldberg $1,000 as a down payment on June 18, 1990. Unknown to Fontenot, Feld-berg was working as a confidential informant (Cl)…