COURT OF APPEALS FOR THE FIRST CIRCUIT
United States v. Cardona
United States Court of Appeals
For the First Circuit
No. 22-1415
UNITED STATES OF AMERICA,
Appellee,
v.
RAFAEL CARDONA, SR., a/k/a RAFO,
Defendant, Appellant.
No. 22-1416
UNITED STATES OF AMERICA,
Appellee,
v.
ISAAC CARDONA,
Defendant, Appellant.
APPEALS FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Timothy S. Hillman, U.S. District Judge]
Before
Gelpí, Selya, and Lynch,
Circuit Judges.
Leslie Feldman-Rumpler for appellant Rafael Cardona, Sr.
Jane Elizabeth Lee for appellant Isaac Cardona.
Donald C. Lockhart, Assistant United States Attorney, with
whom Joshua S. Levy, Acting United States Attorney, was on brief,
for appellee.
December 7, 2023
LYNCH, Circuit Judge. Rafael Cardona Sr. and Isaac
Cardona were convicted of two conspiracies, one to distribute and
possess with intent to distribute cocaine, 21 U.S.C. §§ 841(a)(1), 846, and another to distribute and possess with intent to distribute heroin,id.
Isaac Cardona, who is Rafael Cardona Sr.'s son, was also convicted of conspiracy to commit money laundering with intent to promote the carrying on of unlawful activity,18 U.S.C. §§ 1956
(a)(1), (h), on the ground that he had agreed to use the proceeds of unlawful activity -- conspiracy to distribute and possess with intent to distribute cocaine,21 U.S.C. § 846
, and distribution of cocaine,id.
§ 841(a)(1) -- to procure and resell
the heroin in that conspiracy.
Rafael Cardona Sr. contends for the first time on appeal
that one of his two conspiracy convictions must be vacated because
the two convictions are multiplicitous in violation of the Double
Jeopardy Clause. Isaac Cardona argues for the first time on appeal
that the money laundering statute under which he was charged is
unconstitutionally vague, and so his conviction under that statute
should be reversed. Isaac Cardona also argues that insufficient
evidence was presented at trial to establish beyond a reasonable
doubt that he had the requisite intent for a promotional money
laundering conviction, and that the court's failure to properly
instruct the jury on this element of the offense was plain error.
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We conclude that review is not available for the
appellants' belated multiplicity and vagueness arguments because
they are covered by Federal Rules of Criminal Procedure 12(b)(3)
and 12(c)(3), which preclude appellate review of an untimely Rule
12(b)(3) claim, absent a showing of good cause. We further
conclude that sufficient evidence was presented at trial to support
Isaac Cardona's money laundering conviction, and that the
concededly erroneous jury instructions as to his intent did not
affect Cardona's substantial rights.
I.
The following facts are drawn from testimony,
surveillance footage, recorded communications between the
appellants and other co-conspirators, and other evidence. Because
one of the claims addressed in this opinion is a challenge to the
sufficiency of the evidence, "we recount the facts in the light
most favorable to the verdict." United States v. Paz-Alvarez, 799
F.3d 12, 18 (1st Cir. 2015) (citing United States v. Rodríguez- Soler,773 F.3d 289
, 290 (1st Cir. 2014)).
During 2015 and 2016, David Cruz was a drug dealer based
in Westfield, Massachusetts,