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Bobadilla’s Bad Luck
To be successful at crime often requires good sense and even better luck.
Puerto Rico resident Jose Luis Bobadilla-Pagan (“Bobadilla”) is undeniable evidence of this point. The First Circuit Court of Appeals in a March 28, 2014 decision upholding his convictions for possession of a control substance and possession of a firearm in furtherance of a drug trafficking offense opened with this observation: “When ill luck began for [Bobadilla], it came not in sprinkles, but in showers.”
That observation was being kind. Bobadilla was married to a woman whose brother was a major drug dealer in Barrio Cacao, Carolina, Puerto Rico. He lived in a second floor apartment the couple shared, which was above his brother-in-law’s home. The U.S. Drug Enforcement Agency had Bobadilla’s brother in law, Hector Patron, in their cross-hairs. The agency staged a raid on Patron’s apartment just before dawn on September 27, 2011. The commotion outside the house moments before the raid awakened Bobadilla and his wife. Rather than just staying in bed, Bobadilla rushed outside to investigate the “loud noises.”
After Bobadilla made his way outside, he was confronted by the agents. The agents asked him who he was and how he knew Patron. As soon as he explained the connection, the agents placed Bobadilla in their cross-hairs along with his brother-in-law. As the First Circuit aptly noted, “Bobadilla probably wishes he had stayed in bed,” particularly since Patron was not even at home at the time of the raid.
It was too late for that retrospection. The police were not going away empty-handed. When Bobadilla could not produce any identification, telling the agents his driver’s license was in a van parked down the street, one of the agents said he would accompany him to retrieve the identification and bring it back to the house.
The agents instinctively surmised that Bobadilla had parked his van away from the house to hide or disassociate himself from any contraband inside it. The agents were not buying Bobadilla’s explanation that he parked the van down the street because the “emergency brake” did not work.
The agents sent for a canine unit whose dog “alerted” almost immediately to narcotics in the van. Bobadilla not only gave the agents consent to search the van, he also “admitted there was marijuana inside” of it. He personally opened the van and pulled a bag from beneath the driver’s seat which contained just under a “half a pound” of marijuana. At that point he probably should have just kept his mouth shut and asked for a lawyer. Instead he told the agents he “kept an illegal firearm in the van and proceeded to fish out a partially loaded nine-millimeter Beretta from a fanny pack in the middle console.”
The gun was just a couple feet from where the marijuana had been stashed. He told the agents the marijuana and weapon were for his personal use and protection.
The evidence was more than enough for the Government to obtain the two-count indictment against Bobadilla. His attorney made an effort to have the marijuana and weapon suppressed before trial on the ground that the “consent to search” had been coerced. The trial judge wasted no time denying the motion.
Bobadilla’s trial began on December 14, 2011, less than 90 days after his arrest, and lasted two days. The Government quickly refuted Bobadilla’s “personal use” defense by calling DEA Special Agent Christopher Diaz, a narcotics expert, who testified that:
“[He] was part of the team that seized the marijuana from Bobadilla’s minivan. He observed that, when it was confiscated, the marijuana was wet, green, soft, and contained red hairs, stems and seeds. Based on its condition, he opined that the marijuana was not ready to be used that day; rather, it needed to be cured for several weeks in a cool environment and the stems and seeds needed to be removed before it could be smoked. He continued to say that – given the amount of marijuana, its rough condition, and the fact that it was stored in a large Ziplock bag in a hot van – he believed the marijuana was intended for distribution, not for personal use. Furthermore, when asked about the role of weapons in drug trafficking, Agent Diaz said that drug traffickers use firearms to protect themselves and their merchandise and sometimes to kill people.”
Bobadilla countered this expert testimony with his own testimony from the witness stand. He told the jury that he smoked between 10 and 12 joints each day with each joint containing 1 to 2 grams of marijuana. He explained that after he removed the stems and seeds, the 7.5 grams found in his minivan would “yield only 5 to 5.5 ounces of usable drug.” That would give him enough “to make about 50 joints”—a week or two supply. He explained that “buying his marijuana in bulk was more economical, more convenient, and reduced the risk of getting caught.”
The First Circuit challenged Bobadilla’s calculations. The court said 5 ounces represented 140 grams, and if he used 1 to 2 grams to make a joint, he possessed “enough marijuana to make 70 to 140 joints.” Besides the problem with his math calculations, the appeals court pointed out that Bobadilla’s “admitted” daily intake of marijuana “did not jibe with what he had told the pre-trial services officer the day he was arrested.”
He told the pre-trial officer he smoked only a “single joint per day.” He explained this discrepancy by saying “he was nervous and did not want to get in trouble” when he lied to the services officer about his marijuana use.
AS for the gun, Bobadilla told the jury the weapon belonged to a friend who was traveling and he decided to keep the gun in his minivan instead of his house “because he did not want his young daughter to find it.”
The jury was not impressed. It found Bobadilla guilty on both counts. But apparently his story resonated with the trial judge. On March 16, 2012, the judge sentenced Bobadilla, who had no prior convictions, to zero months on the controlled substance count and the mandatory minimum five years on the firearms count. Bobadilla timely appealed. He argued on appeal that the Government had not presented sufficient evidence that he intended to distribute the marijuana or that the gun was used in furtherance of a drug trafficking offense. Although the First Circuit upheld the jury verdicts, the court was clearly troubled by the Government’s handling of the case. The appeals court concluded its opinion this way:
“Before we wrap up, we pause to make explicit our ambivalence towards the jury’s findings. While it is clear that Bobadilla guiltily possessed a small quantity of marijuana and an illegal firearm, whether he intended to distribute that marijuana, as well as whether he possessed the firearm ‘in furtherance of’ a drug trafficking crime, are harder questions. The jury answered ‘yes’ to both.
Another jury may have concluded otherwise. Obviously too, another prosecutor could have opted to indict Bobadilla on lesser charges, i.e., simple possession of marijuana and an unlicensed firearm. This prosecutor chose not to, as was within her discretion. And at this stage, we are duty-bound to enforce the jury’s amply supported verdict. Consequently, today, like September 27, 2011, is not Bobadilla’s lucky day.”
We agree with the First Circuit’s implication. This was a classic case of “Governmental overreach.” Justice would have been better served with the indictment of lesser charges that would not have resulted in a mandatory minimum penalty. However, apparently trying to squeeze Bobadilla to cooperate against his brother-in-law, law enforcement decided to play hard ball. The taxpayers will incur the costs of the governmental abuse of discretion in this Bobadilla case by spending hundreds of thousands of dollars to confine this unfortunate soul.
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Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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