United States v. Corson

Federal agents concocted a plan to entice gangsters into robbing a fictitious drug stash house. Agents asked a confidential informant (CI) whether he knew anyone who might be interested in robbing a stash house. The CI asked Marcus Corson (defendant) whether he was interested in a business opportunity. Marcus arranged a meeting with Oscar Alvarez (defendant) at Alvarez’s house. Wearing a wire, the CI said he worked security for Loquito, who worked for a Mexican drug cartel. In reality, Loquito was an undercover agent. The CI said cocaine totaling 15–20 kilos would be delivered to the stash house, but Loquito would learn its location only an hour beforehand. Loquito would then call the CI with the location. Marcus asked whether the guards would be carrying firearms. The CI said there would probably be armed guards, and Marcus said he would not hesitate to kill them. Marcus said he and Alvarez were in on the plan along with Marcus’s brother, Aaron, as the three previously had done robberies together. The three met the CI and Loquito the next day. All three repeatedly said they were committed to the robbery. The five arranged a staging location where Loquito would call the CI with the stash-house location. The three men arrived in Marcus’s car. The CI and Loquito were already there, and the CI got in Marcus’s car. Marcus complained that Loquito had parked conspicuously and drove around to see whether he was being followed. Aaron asked whether the CI was armed, and the CI confirmed he had a gun. When Marcus grew frustrated, the CI assured Marcus he was just waiting for Loquito’s call. After Loquito called the CI, the CI got back in Loquito’s car, and the three men drove off and never returned—the sting was over. Police searched the suspects’ residences but found only one baggie of bullets. The prosecution (plaintiff) nonetheless indicted the three men for conspiring to rob a stash house and to sell five or more kilos of cocaine. The jury heard Loquito’s testimony and the conversations the CI recorded. All three men were convicted and appealed on insufficient-evidence grounds, but Aaron later withdrew his appeal.