This section contains the nature of the case and procedural background.

Ds' convictions arise out of their positions as high-ranking officials with the Bandidos Outlaws Motorcycle Club, a 'one-percent' motorcycle club. In 2001, Portillo (D) instructed a group of Bandidos members, including Richard Merla, to 'take care of' Lara. Merla and several other Bandidos lured Lara to a park. Once they got the order, they shot Lara at least twelve times. They did not stay on the scene to see if Lara was 'moving or if he was dead or alive.' They got back in their truck and drove to the home of Portillo's (D) brother, who was a member of a Bandidos support club. Lara was later found dead by the police. When Merla next spoke with Portillo (D), Portillo (D) told him that he could never talk about Lara's murder. Merla gave Portillo (D) the gun used to shoot Lara, and Portillo (D) burned it with a torch. Merla and the other Bandidos were awarded 'Expect No Mercy patches,' which were intended to honor members who 'drew blood or shed blood for the club.' In 2005, Anthony Benesh and his friend Carl Michael Burford decided that they wanted to start the first Hell's Angels chapter in Texas. Hell's Angels, another one-percent motorcycle club, had chapters across the United States, but not in Texas. Benesh got a Hell's Angels tattoo on his back, painted his motorcycle red and white, and began wearing a motorcycle vest and jacket with an emblem that matched his tattoo. The patch on his vest identified him as 'Vice President' of the Hell's Angels. Benesh and Burford's actions quickly provoked anger from the Bandidos. Burford tried to avoid conflict by limiting his use of the Hell's Angels vest, but Benesh regularly wore his patch around Austin. Adrianna Faircloth, Benesh's girlfriend, testified that Benesh started receiving threatening calls about his display of the Hell's Angels patch. Portillo (D) told Johnny Romo that Pike (D) had personally directed them to 'take . . . out' Benesh and Burford. Johnny testified that Portillo (D) told him to assemble a group of Bandidos members and go to Austin. Johnny picked a few people he trusted to accompany him, including Robbie Romo, his brother. At the time, Robbie was a prospective member of the Bandidos who had not yet 'patched in.' They eventually drove to Benesh's house, waited until he exited, then followed him and his family to a restaurant, where they parked outside. About an hour later, Johnny saw Benesh coming out of the restaurant and alerted Robbie. Robbie got his rifle ready by positioning it outside of the passenger's side window, aimed it at the driver's side of Benesh's truck, and shot the back of Benesh's head. Benesh was dead when the police arrived. Faircloth, Benesh's girlfriend, told the officers that she had warned Benesh 'not to set up a Hell's Angels chapter here.' Johnny and the crew quickly fled the scene and immediately called Portillo (D) from a pay phone to tell him 'it's . . . done.' When Johnny saw Pike (D) a few months later, Pike (D) gave him a hug and a kiss and told him that he was 'very proud' of him. After the murder, Robbie, who was a prospect at the time of the shooting, was allowed to 'patch in early.' Johnny was permitted to start an 'underground chapter' of the Bandidos, the 'Fat Mexican Crew,' which answered directly to Pike (D). Johnny and the crew also received Expect No Mercy patches. Johnny Romo began cooperating with federal authorities. They arrested Johnny on murder charges in March 2017. Johnny gave a lengthy statement confessing to his involvement in the murder and implicating his brother as the shooter. P recorded a conversation between Johnny and Robbie during which Johnny encouraged Robbie to cooperate with the government. Immediately after that conversation, Robbie confessed to his role as the shooter. Both of the brothers testified at trial. They each implicated Pike (D) and Portillo (D) in Benesh's murder. On cross-examination, Ds cast doubt upon the reliability of their testimony, suggesting that the brothers were fabricating their stories in order to receive a benefit from the government. Ds point to no improper use by the government of the brothers' prior consistent statements during direct examination. During cross-examination, Ds asked the brothers about their confessions to law enforcement. Johnny admitted that he provided information about Portillo's (D) involvement in the murder only after he communicated with Robbie. Pike's (D) counsel also used portions of Johnny's conversation with the authorities during his cross-examination, suggesting that Johnny had previously told the authorities that he did not intend to murder Benesh and only wanted to beat him up. During their cross-examination of Robbie, Ds used portions of Robbie's recorded confession to argue that Robbie had previously told law enforcement that he did not go to Austin with the intent to kill Benesh, casting doubt on the consistency of his story. After Johnny testified, the district court granted P's request to introduce Johnny's confession. The court held that this recorded statement was admissible as a prior consistent statement under Federal Rule of Evidence 801(d)(1)(B). After Johnny testified, the district court granted P's request to introduce Johnny's confession. The court held that this recorded statement was admissible as a prior consistent statement under Federal Rule of Evidence 801(d)(1)(B). The court addressed the admissibility of Robbie's statement and also found that it was admissible as a prior consistent statement. The statement was introduced during the government's direct examination of Jeb Killian, another federal agent involved in the investigation. Merla confessed to killing Lara in 2002 and implicated Portillo (D) in Lara's murder. On cross-examination, Portillo's (D) counsel attacked Merla's credibility, suggesting that he implicated Portillo (D) only because he was angry at him for expelling him from the Bandidos. Portillo (D) also suggested that Merla's memory was unreliable and that there were inconsistencies between his in-court testimony and his prison confession. During P's re-direct of Merla, the court allowed P to introduce Merla's confession as a prior consistent statement. In his one-page confession, Merla stated that '[t]he murder of Robert Lara was planned and executed by Chapter President John Portillo (D) of the Southwest Chapter of Bandidos.' Ds were convicted and appealed in part based on the admission of the confessions under 801(d)(1)(B).

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