FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
PUERTO RICO [Hon. Aida M. Delgado-Colón, U.S. District
H. Cunha, Jr., with whom Cunha & Holcomb, P.C. was on
brief, for appellant.
M. Meconiates, Assistant United States Attorney, with whom
Rosa Emilia Rodríguez-Vélez, United States
Attorney, and Nelson Pérez-Sosa, Assistant United
States Attorney, Chief, Appellate Division, were on brief,
Kayatta and Barron, Circuit Judges, and McAuliffe, [*] District Judge.
BARRON, Circuit Judge.
González-Martínez was convicted after a jury
trial of twenty-two counts of theft of government property
and one count of aggravated identity theft. She argues that
her convictions must be vacated because the evidence at trial
was insufficient to support them and because the District
Court abused its discretion in denying her request to
continue her trial to a later date. We affirm.
recite the evidence introduced at trial in the light most
favorable to the prosecution, as is required when a criminal
defendant challenges the sufficiency of the evidence to
support her conviction. See United States v. Pena,
586 F.3d 105, 111 (1st Cir. 2009).
2011, the Internal Revenue Service received twenty-two tax
returns purporting to be filed by twenty-two individuals.
Each return showed that the filer was due a tax refund. The
returns were not what they claimed to be. They had not in
fact been filed by the individuals whose names and security
numbers appeared in them. Nevertheless, the IRS approved tax
refund checks for each of the twenty-two tax returns. Each
check was to be paid from the funds of the United States
Treasury checks ranged in value from $6, 210.93 to $8,
732.69. Each check was issued to the individual on the
corresponding tax return and sent to the address in the
continental United States provided in that return. That
address was also typed on the front of each check.
twenty-two Treasury checks were eventually submitted for
deposit into the Banco Popular account of "La Casa de
los Motores and Junker Correa, " a business in Puerto
Rico that sells used automobile parts. The checks were
submitted by Junker Correa's owner, González, on
twenty-two days from November 2011 to May 2012. The first
twenty-one of the checks were deposited into Junker
Correa's account; the twenty-second check was held by the
bank and not deposited.
check was endorsed twice. The first endorsement purported to
be the signature of the individual in whose name the check
had been issued. The second was an endorsement to Junker
individuals in whose names the checks were issued never
received the checks, never endorsed the checks, and never
spent the checks. Nor had they ever been to Junker Correa.
jury found González guilty on all counts they were
asked to decide: twenty-two counts of theft of government
property, all charged in violation of 18 U.S.C. § 641,
and one count of aggravated identity theft, in violation of
18 U.S.C. § 1028A. Each of the twenty-two counts of
theft of government property alleged that González had
stolen the value of one of the twenty-two Treasury checks.