Professional Documents
Culture Documents
Olen
with
whom
John
M.
Cicilline
was
on
brief
___________
appellant.
____________________
illegally.
sufficiency
Finding
of
the
On
appeal,
evidence
sufficient evidence
defendant
supporting
to sustain
affirm.
I.
I.
__
BACKGROUND
the
challenges the
his
conviction.
conviction, we
BACKGROUND
__________
We summarize the evidence in a light most favorable
to the government.
(1st
Cir. 1992).
Jewelry
Company
Rhode Island.
and Harmon")
in
East Providence,
of
Handy
assignment was
the
company,
criminal
and
Harmon.
Although
to investigate complaints of
Ramirez
activity as
began
well.
original
investigating
As part of
his
other
possible
his investigation,
that
he was
protection.
work
interested
and told
had a
gun for
his
own
in purchasing
he had
a friend
who could
supply
"beautiful"
sawed-off shotgun
-22
that defendant
Ramirezexpressed interest.
work.
day
Ramirez to meet
federal
he
had
officers from
Firearms
of the
meeting.
advised neither
the
his
supervisors
nor
Bureau of
Alcohol, Tobacco
and
Defendant
was very
persistent,
to go.
drove in
defendant
Smitty and
his wife.
by his
wife,
arrived at
the
After introductions,
defendant asked
In
the presence of
that
shotgun.
Smitty
he
was
interested in
that he did.
Smitty
purchasing
the
sawed-off
mentioned that he
Smitty replied
could also
provide
then asked
to
see the
shotgun.
Smitty
to proceed to a white
car that
-33
get
into the
passenger
side, and
to
"make it
look
cool
proceeded
to
the
Dawson.
car
alone,
leaving
Dawson showed
Ramirez a sawed-
Dawson and
Ramirez told
Dawson that
was ready to
he had no money,
he would
let Smitty
to Smitty's
know,
through defendant,
when he
had
than
one
month
in
buying
the
later, on
July
22,
1991,
if he was
still
sawed-off shotgun
mentioned.
or
the
.357
in
the
affirmative,
necessary
defendant
arrangements
for
said
that he
would
the
purchases
by
make
the
telephoning
Smitty.
Two days later,
Ramirez at work and told
the
following day.
Ramirez that
on July
24, defendant
approached
set for
but that
-44
defendant
time and
Smitty to make
the meeting.
sure of the
That afternoon,
defendant
the
same liquor
previously met.
store
parking lot
Defendant
stated
where
that he
the parties
would
had
not
be
Defendant
said that Smitty would not be present either, but that Dawson
would arrive with both the shotgun and the .357 handgun.
Ramirez
appointed
time
arrived alone
and
found
at the
Dawson
parking lot
standing
outside
at the
of
minivan.
Dawson
shotgun which
told
Ramirez that
he
person,
located
across the
Ramirez
were standing,
street
had the
from
had the
sawed-off
.357 handgun
and
which Ramirez
could purchase.
Ramirez began haggling with Dawson about the
of the shotgun.
price
go no lower than
of the purchase
price.
handgun.
Ramirez across
the street,
-55
handgun.
Subsequently, Bill
departed the
scene, and
though
Ramirez expected
never reappeared.
a gun, and
the shotgun.
Ramirez for
On
interested in
had
the
disappearance
of
Smitty apologized
Bill, and
asked
if
1991, defendant
again called
the phone to
Ramirez.
Smitty
Ramirez
and that he
until
a later date.
that Bill
handgun
number to Ramirez.
On October
17, 1991,
firearm in
defendant was
arrested. The
violation of
26 U.S.C.
to
5861(e)1,
____________________
1. 26 U.S.C.
5861(e)
"transfer a firearm in
chapter."
58112,
and
5812(a)3
of
the National
Firearms
Act
371.4
____________________
2.
26 U.S.C.
(a) Rate.
There shall be levied, collected, and
Rate.
paid on firearms transferred a tax at the rate of
$200 for each firearm transferred . . . .
(b) By whom paid.
The tax imposed by subsection
By whom paid.
(a) of
this section
shall be paid
by the
transferor.
3.
26 U.S.C.
5812(a) provides:
("the
18 U.S.C.
the
meaning
of
unregistered,
26
and
U.S.C.
that
required application
5845(a)(2),5
it
was
transferred
that
it
was
without
the
payment of the
evidence
Defendant
challenges
supporting
his
defendant argues
(1) that
the
conviction.
there
sufficiency
More
of
the
specifically,
was insufficient
evidence
that
he entered
into an
agreement to
commit the
unlawful
____________________
$10,000 or imprisoned not
both.
5.
26 U.S.C.
5845(a)(2) provides:
act,6
conspiracy.
In reviewing
a claim of
insufficient evidence, we
whether a
guilt beyond
rational trier
of fact
reasonable doubt.
could have
United States v.
______________
`essence'
commit a crime."
is an
op. at 3
(1st Cir.
Thus, a
sustainable
beyond a
of conspiracy
91-1772, slip
(emphasis in
conspiracy conviction
agreement to
_________
original).
requires
"proof
conspirators intended to
the object of
United
______
States v. Cruz, No. 91-1047, slip op. at 7 (1st Cir. Dec. 18,
______
____
1992).
tacit.
The unlawful
agreement
may be
either
express or
____________________
6. In that part of his brief which argues that there was
insufficient evidence of an agreement, defendant also asserts
that the government's evidence failed to show that he "had
the necessary intent to commit the substantive offense." To
the extent that this statement is an attempt to raise an
issue other than the sufficiency of the evidence, it is
plainly inadequate to warrant our review. We have repeatedly
warned parties that "issues adverted to in a perfunctory
manner,
unaccompanied
by
some
effort
at
developed
argumentation, are deemed waived." United States v. Zannino,
_____________
_______
895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082
_____ ______
(1990). Accordingly, we decline to engage in speculation or
to forge beyond the line of argument that defendant has
by direct or
circumstantial evidence.
government is not
Id.
___
Moreover,
defendant knew
op. at
8; United States
_____________
States,
______
Cruz,
____
v. Rivera-Santiago,
_______________
872 F.2d
493 U.S.
essential nature
connection
the
with it.'"
332 U.S.
of
the plan
Id. (quoting
___
539, 557
(1947)).
and the
[defendant's]
Blumenthal v.
__________
The record
United
______
before us
government's
approached Ramirez
and told
evidence
him
showed that
about a
defendant
friend who
could
that he persisted
in bringing
Ramirez to
the
whether
remained in
Smitty
had
brought the
shotgun,
that
he
he
arranged
the
second
meeting
when
the
gun
was
for a reasonable
an agreement between
-1010
Smitty
and
Accordingly,
defendant
we
find
to
transfer
defendant's
the
gun
to
sufficiency
Ramirez.7
argument
unpersuasive.
____________________
7. In his motion to the district court for judgment of
acquittal, and again on appeal, defendant has relied on
conspiracy
conviction
will
not
be
sustained
if
the
111
Instead,
905
S.
"[a]n
F.2d 483,
Ct. 531
outcome.'"
Id. (quoting
___
491
(1990),
accused must
altogether."
`in
it his
(1st
111
United States v.
_____________
Cir. 1990),
S.
some
Ct. 975
on
numerous
own, have a
to
stake in
its
F.2d
In the case
occasions,
planned
meetings,
persisted
in
it
indicate
which
[the
(1991).
sense promote
cert.
_____
that defendant
underlies
his
actively promoted
conviction.
the transfer
Accordingly, we
reject
that
conspiracy.8
he
was
indifferent
to
the
outcome
of
the
____________________
8. In arguing that he was indifferent to the conspiracy's
outcome, defendant relies almost exclusively on the fact that
he received no money for the transfer. However, a defendant
"may be guilty of participation in a criminal conspiracy
without actually profiting from or having any financial stake
in it." United States v. Alemany Rivera, 781 F.2d 229, 237
_____________
_______________
n.9 (1st Cir. 1985), cert. denied, 475 U.S. 1086 (1986). See
_____ ______
___
also Aponte-Suarez, 905 F.2d at 491. Simply put, in the face
____ _____________
of the aforementioned evidence, we do not find defendant's
lack of a financial stake in the sale of the shotgun to be a
sufficient basis for overturning the jury's verdict.
-1212
III.
III.
____
CONCLUSION
CONCLUSION
__________
For the foregoing
is affirmed.
Affirmed.
________
reasons, defendant's
conviction
-1313