8th Circuit decides N.D. case Monday, July 1, 2024

The United States Court of Appeals for the 8th Circuit has ruled on United States vs. Steven Pinto, cases numbered 21-3454 and 21-3461.

Case Summary from Justia: United States v. Pinto, No. 21-3461 (8th Cir. 2024) :: Justia

Steven Barros Pinto was convicted on multiple counts related to the importation and distribution of drugs, following a nineteen-day trial. The evidence presented at trial established a drug distribution and importation conspiracy led by Jason Berry and Daniel Ceron, who operated a drug-trafficking operation via the dark web from a Canadian prison. They recruited distributors online, including Anthony Gomes and Brandon Hubbard, who distributed fentanyl shipped from China. Pinto, a childhood friend of Gomes, initially declined to join the operation but later contacted Gomes to distribute pills supplied by Ceron. Pinto became an integral part of the fentanyl pill production and distribution network, utilizing others to assist in distribution and financial transactions in multiple states.

Pinto was charged in the district of North Dakota on multiple counts, including conspiracy to distribute controlled substances, conspiracy to import controlled substances, participation in a continuing criminal enterprise (CCE), obstruction of justice, and conspiracy to launder money. Pinto appealed, arguing that venue was improper on the drug conspiracy counts and challenging his conviction on the money laundering conspiracy count. He also raised a Double Jeopardy argument as to the drug conspiracy counts and the CCE count.

The United States Court of Appeals for the Eighth Circuit found that there was sufficient evidence to support the jury’s finding of a single conspiracy, making venue proper in North Dakota. The court also found no grounds for reversal in Pinto’s challenge to the credibility of the government’s cooperating witnesses. Regarding Pinto’s challenge to his conviction on the money laundering conspiracy count, the court found that the indictment provided Pinto with sufficient notice of the charge. Finally, the court agreed with Pinto that his separate convictions and sentences on the drug conspiracy count and the CCE count violated the prohibition against Double Jeopardy. The court remanded to the district court to vacate Pinto’s conviction on either the drug conspiracy count or the CCE count and proceed to resentencing. The judgment was affirmed in all other respects.

Read the court's opinion: https://media.ca8.uscourts.gov/opndir/24/07/213454P.pdf