Ibrahim v. Government of the Virgin Islands

47 V.I. 589, 2005 WL 3077601, 2005 U.S. Dist. LEXIS 28696
CourtDistrict Court, Virgin Islands
DecidedNovember 3, 2005
DocketD.C. Crim. App. No. 2004/101
StatusPublished
Cited by7 cases

This text of 47 V.I. 589 (Ibrahim v. Government of the Virgin Islands) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ibrahim v. Government of the Virgin Islands, 47 V.I. 589, 2005 WL 3077601, 2005 U.S. Dist. LEXIS 28696 (vid 2005).

Opinion

MEMORANDUM OPINION

(November 3, 2005)

The appellant brings this appeal from his conviction for grand larceny, forgery and obtaining money under false pretenses, challenging the sufficiency of the evidence at trial.

For the reasons which follow, this Court will reverse the appellant’s conviction for forgery and affirm his conviction in all other respects.

I. STATEMENT OF FACTS AND PROCEDURAL POSTURE

Ishmael Sameer Ibrahim (“Ibrahim” or “appellant”) was initially charged under an 11-count amended Information, stemming from several separate incidents in which he was accused of inducing several individuals to pay him money for merchandise by falsely representing himself to be a furniture salesman and of taking and endorsing checks belonging to other individuals. Specifically, the 11-count amended criminal Information charged him as to each of the victims as follows:

[592]*5921. Friedenatahl Moravian Church (“the church transaction”):
The Information charged Ibrahim with committing forgery, grand larceny and obtaining money under false pretense (Counts I-III), as to the Friedenstahl Moravian Church (“the church”) by: fraudulently making out a check to himself for $1,000 on the church’s account; cashing said check and taking its proceeds of $1,000; and making out another check to himself, in the same amount, on the church’s account.
2. Silverio Avila (“the Avila transaction”):
The Information charged Ibrahim with committing forgery, grand larceny and obtaining money under false pretenses (Counts IV-VI) as to Silverio Avila (“Avila”) by: forging the endorsement on a retirement check belonging to Avila without authorization and stealing said retirement check valued at $350.47 and defrauding another by forging said check and collecting its proceeds.
3. Marie Jean Agustine (“the Agustine transaction”):
The Information charged Ibrahim with obtaining money under false pretenses and grand larceny (Counts VII-VIII) against Marie Agustine (“Agustine”) by fraudulently offering to sell furniture to her, thereby inducing her to turn over money in excess of $400 for furniture he never delivered; and for taking more than $100 from Agustine in that transaction.
4. George Davis and/or Irene Ferrella Davia (“the Davis transaction”):
The Information charged Ibrahim with obtaining money under false pretenses (Count IX), charging he fraudulently offered to sell furniture to George and/or Irene Davis (“Davis”) and induced them to pay him $200 as a deposit for furniture he never delivered.
5. Wilbert Wilkerson McCoy (“the McCoy transaction”):
The Information charged Ibrahim with obtaining money under false pretenses and grand larceny (Counts X-XI) as to Wilbert McCoy (“McCoy”) by fraudulently offering to sell a freezer to McCoy and [593]*593inducing him to pay the appellant $500 for said freezer which the appellant never delivered, and by stealing said $500.

[See Supplemental Appendix contained in Br. of Appellee (“Supplemental App.”) at 1-4].

Following trial by jury, Ibrahim was found not guilty of Count I of the information which charged forgery in connection with the church transaction. Counts II and III, which also related to the church transaction, were also dismissed by the court. Ibrahim was, therefore, convicted of three counts of grand larceny under 14 V.I.C. §§ 1081 and 1083(1); one count of forgery under 14 V.I.C. § 791(1), and; four counts of obtaining money under false pretenses, in violation of 14 V.I.C. § 834(2). [Joint Appendix (“J.A.”) at 119]. His conviction related only to the Avila, Agustine, Davis and McCoy transactions. This timely appealed followed.

For the following reasons, this Court holds that Ibrahim waived his right to appeal his conviction of grand larceny and obtaining money under false pretenses as it relates to the Avila, Davis and McCoy transactions. Having found the evidence of forgery, in a separate count, in the Avila transaction insufficient, we will reverse Ibrahim’s conviction in that regard. However, we will affirm his conviction in all other respects.

II. DISCUSSION

A. Jurisdiction and Standards of Review

In reviewing the sufficiency of the evidence to support a conviction, we determine whether the evidence and the inferences that may be drawn therefrom, viewed in the light most favorable to the Government, is such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt of every element of the offense. See Abiff v. Gov’t of the V.I., 313 F. Supp. 2d 509, 511 (D.V.I. App. Div. 2004) (citations omitted). An appellate court may disturb the jury’s verdict “only when the record contains no evidence, regardless of how it is weighted, from which the jury could find guilt beyond a reasonable doubt.” Id.; see also, United States v. United States Gypsum Co., 600 F.2d 414, 416-17 (3d Cir.), cert. denied, 444 U.S. 884 (1979); United States v. Casper, 956 F.2d 416, 421 (3d Cir. 1992) (“Appellate reversal on the grounds of [594]*594insufficient evidence should be confined to cases where the failure of the prosecution is clear.”).

Although the evidence need not be inconsistent with every conclusion save that of guilt, and circumstantial evidence is no less probative than direct evidence, the nexus between the evidence and the guilty verdict must, nonetheless, be “logical and convincing.” Government of V.I. v. Williams, 739 F.2d 936, 940 (3d Cir. 1984) (citations omitted).

B. Appellant’s Brief Insufficient to Obtain Review of the Avila, Davis and McCoy Charges.

Before reaching the crux of the issues raised on appeal, we must make a threshold determination of the issues for which review may actually be obtained based on the state of the current record and the arguments submitted.

Ibrahim raised issues in his appellate brief that were not decided below or for which there was no conviction. Moreover, he fails to present arguments on some issues and, in some cases, attempts to do so for the first time in his reply brief. However, because the issues and arguments in Ibrahim’s appellate brief were limited to his conviction related to the Augustin transaction and the forgery charge in the Avila transaction, those are the only issues this Court will consider.

To properly obtain review, an appellant has a duty to outline in his main appellate brief the issues for which review is sought, and the issues thereby listed shape the parameters of the appellate court’s consideration. See V.I.R. APP. P. 22. Moreover, an appellant is bound to submit arguments in support of the issues presented, supported by legal authorities and applied to the facts reflected on the record. See V.I.R.A.P.

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Bluebook (online)
47 V.I. 589, 2005 WL 3077601, 2005 U.S. Dist. LEXIS 28696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ibrahim-v-government-of-the-virgin-islands-vid-2005.