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2024 Supreme(US)(ca8) 117

COURT OF APPEALS FOR THE EIGHTH CIRCUIT
United States – Appellant
Versus
Juan Osorio – Respondent



No. 23-2490 ___________________________

United States of America

Plaintiff - Appellee

v.

Juan D. Osorio, also known as Spexx

Defendant - Appellant ___________________________

No. 23-2728 ___________________________

United States of America

Plaintiff - Appellee

v. Jonathan M. Bravo-Lopez, also known as Shadow, also known as Jonathan Vravo

Defendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: April 10, 2024 Filed: August 5, 2024 ____________ Before SMITH, WOLLMAN, and SHEPHERD, Circuit Judges. ____________ SHEPHERD, Circuit Judge.

This appeal arises from Juan D. Osorio and Jonathan M. Bravo-Lopez’s convictions for the kidnapping which resulted in the death of Christian Escutia. The district court 1 sentenced Osorio and Bravo-Lopez to life imprisonment for their crimes. They now appeal, asserting several points of error. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

I.

On April 3, 2017, Marco Sosa-Perea picked up defendant Bravo-Lopez in a blue Chrysler Pacifica minivan. The pair drank Modelo beer and smoked marijuana as they drove around. Later that day, after picking up defendant Osorio and Valeria Zapata-Delgado, the group proceeded to a downtown area of Kansas City, Missouri where they smoked more marijuana. While there, Zapata-Delgado received a message from Escutia, who she knew sold marijuana. After seeing the message, Osorio directed Zapata-Delgado to message Escutia back and set up a deal to purchase yet more marijuana. He mentioned that Escutia owed him $300. Escutia told Zapata-Delgado to come to his house and let him know when she was outside. After setting up the deal, Appellants and Sosa-Perea dropped Zapata-Delgado off at her home. Osorio told Zapata-Delgado that he had to talk to Escutia about something personal, that he would pick her up afterwards, and that she was to message Escutia to go to the blue Chrysler once Osorio arrived. Later, after Osorio called her, Zapata-Delgado messaged Escutia to say that she was outside.

1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. -2- After driving to Escutia’s home and waiting for him to approach, Appellants forced Escutia inside the minivan at gunpoint. Sosa-Perea, still in the driver’s seat, drove the group across the Kansas border at Bravo-Lopez’s direction. Osorio hit Escutia with his gun while Bravo-Lopez pointed his own at Escutia. The group eventually arrived at an industrial location, where Osorio and Escutia exited. After Osorio got back into the van, Bravo-Lopez retrieved a gun from the minivan’s center console and exited. Sosa-Perea then heard what he believed to be two gunshots before Bravo-Lopez got back in the minivan. Bravo-Lopez instructed Sosa-Perea to drive off. As the group returned to Missouri, Osorio threw bullet casings and Escutia’s phone out of the window while he cleaned blood from the back of the minivan with a rag.

Zapata-Delgado went to the police to talk about what happened after becoming concerned that Escutia was missing. One of Escutia’s neighbors also witnessed the kidnapping and had contacted the police. Officers recovered security camera footage of the kidnappin

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