United States v. Ammons

682 F. Supp. 1332, 1988 U.S. Dist. LEXIS 2802, 1988 WL 30210
CourtDistrict Court, W.D. North Carolina
DecidedFebruary 25, 1988
DocketNos. A-CR-87-80-01 to A-CR-87-80-03
StatusPublished

This text of 682 F. Supp. 1332 (United States v. Ammons) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ammons, 682 F. Supp. 1332, 1988 U.S. Dist. LEXIS 2802, 1988 WL 30210 (W.D.N.C. 1988).

Opinion

ORDER

ROBERT D. POTTER, Chief Judge.

THIS MATTER is before the Court on Cody’s and Martin’s Motions for Judgment of Acquittal and New Trial, filed January 12, 1988 and January 14, 1988. For the reasons that follow, Defendants’ motions will be denied.

BACKGROUND

On September 9, 1987, the grand jury returned a one-count indictment charging Defendants Ammons, Cody, and Martin with conspiracy, in violation of Section 371 of Title 18, United States Code. The indictment alleges that Defendants conspired to violate regulations governing the marketing of tobacco, a violation of 7 C.F.R. §§ 726.51(k), 726.98, and conspired to make false statements to a federal agency, a violation of 18 U.S.C.A. § 1001 (West 1976 & Supp.1987). The indictment alleges that the conspiracy was formed and conducted in the following way:

It was a part of the conspiracy that ... AMMONS, owner and operator of several farms located in Madison County North Carolina, within the Western District of North Carolina, would and did telephonically contact ... CODY, who has a working relation with Big Burley Tobacco Warehouse ... to determine if ... MARTIN ..., owner and operator of Big Burley Tobacco Warehouse ... would be interested in obtaining ... AM-MONS’ tobacco marketing cards to sell tobacco produced on a farm other than that which the card was issued to.
It was further part of the conspiracy that ... CODY would and did telephoni-cally contact ... AMMONS ... to inform ... AMMONS that ... MARTIN ... would purchase the pounds of tobacco remaining eligible for sale on his tobacco marketing cards for the payment price of [1334]*133450 cents per pound, payable to ... AM-MONS.
It was a part of the conspiracy that ... AMMONS and ... CODY would and did meet with one another and that ... AM-MONS would and did provide his tobacco marketing cards to ... CODY during said meeting.
It was a part of the conspiracy that ... MARTIN ... would and did buy AM-MONS’ tobacco marketing cards and would and did use those tobacco marketing cards for the sale of tobacco.
It was a further part of the conspiracy that approximately one week after ... AMMONS’ meeting with ... CODY ... AMMONS and ... CODY would and did meet a second time, wherein ... CODY provided ... AMMONS with $6,911.50 in cash as payment for the sale of tobacco by Big Burley Tobacco Warehouse using ... AMMONS’ tobacco marketing cards.

Indictment at 1-2, United States v. Ammons, A-CR-87-80 (W.D.N.C. filed Sept. 9, 1987).

On November 2, 1987, Ammons pleaded guilty to conspiracy. On January 11, 1988, a jury found Cody and Martin guilty of having conspired to violate both the regulations and the federal statute. The evidence produced at the trial tracked the indictment’s descriptions of the Defendants’ activities.

On January 14, 1988, this Court sentenced all three Defendants. Ammons was ordered to pay a $500 fine, restitution in the amount of $6,911.50, and a $25 assessment. Cody was sentenced to a 60-day term of imprisonment, which was suspended, and he was placed on probation for a term of one year; he was also ordered to pay a $500 fine and a $50 assessment. Martin was sentenced to a three-year term of imprisonment, which was suspended, and he was placed on probation for a term of three years; he was also ordered to pay a $10,000 fine, restitution in the amount of $13,288.30, and a $50 assessment.

On January 12,1988, Cody filed a Motion for Judgment of Acquittal and a Motion for New Trial. On January 14, 1988, Martin filed a Motion for Judgment of Acquittal and a Motion for New Trial. These motions are now pending before this Court.

CONTENTIONS OF THE PARTIES

Cody

Cody raises a number of issues in support of his motions. First, Cody contends that the evidence produced at trial was insufficient to establish Cody’s liability for the charge of conspiracy. Cody supports his assertion by examining the testimony of Ammons, who was the Government’s key witness. Cody asserts that Ammons’ testimony does not implicate Cody and, in fact, exculpates him. Cody further asserts that there was no other evidence presented at the trial which would support his conviction.

Second, Cody shows to this Court the case of United States v. Winstead, 708 F.2d 925 (4th Cir.1983), in order to support his assertion that he lacked the necessary mental state to support either a conviction for conspiracy or a conviction for aiding and abetting the conspiracy. Cody relies heavily upon the Winstead court’s holding which states that a defendant can only be found guilty of aiding and abetting if he “knowingly associated himself with and participated in the criminal venture,” id. at 927, and was “aware of the principals’ criminal intent and the unlawful nature of their acts.” Id.

Third, Cody argues at length that conspiracy and aiding and abetting are two different crimes with different elements. In particular, Cody notes that the crime of conspiracy contains the element of agreement which is not contained within the crime of aiding and abetting. Cody asserts that he never agreed with either Ammons or Martin to commit the crimes charged in the indictment and that none of the evidence produced at trial directly or indirectly demonstrated the existence of such an agreement. As Cody explains:

The most that could be inferred from th[e] evidence, giving the [Government] the benefit of every doubt, would be that Cody engaged in affirmative conduct designed to aid in the success of a venture planned by Ammons and it could be in[1335]*1335ferred, taking the evidence in [the] light most favorable to the government, that he knew his actions would assist Am-mons.
Taking the evidence in the light most favorable to the [Government] ... shows that Ammons in his own mind concocted or devised a scheme to sell excess poundage; that he called Cody and asked him to relay his offer to the owner of a warehouse in Tennessee, [Martin]; that Cody relayed the offer to the man in Tennessee and then carried Ammons’ cards to Tennessee and returned his cards later in a sealed envelope.
Assuming that Ammons’ motive and intent at that time was unlawful and not that of an investigator, and Cody from the very nature of the transaction assumed that it was or might be illegal, the very most it can be implied [sic] that he did was to perform affirmative acts which aided the success of Ammons and his venture and that he had knowledge that his actions would assist Am-mons.
Since Ammons testified, and it is not uncontradicted, that he never told Cody of his intent the circumstances that can be inferred from his action when he received no compensation and when no conversation was held with Ammons concerning the falsification of documents or anything alleged in the indictment, the government offered proof at the most that Cody may have aided or abetted Ammons in the accomplishment of some unlawful purpose.

Cody’s Motion for Judgment of Acquittal at 20-21, United States v. Ammons, ACR-87-80 (W.D.N.C. filed Jan.

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Cite This Page — Counsel Stack

Bluebook (online)
682 F. Supp. 1332, 1988 U.S. Dist. LEXIS 2802, 1988 WL 30210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ammons-ncwd-1988.