United States v. Arthur Adams

133 F. App'x 642
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 25, 2005
Docket04-13549
StatusUnpublished
Cited by1 cases

This text of 133 F. App'x 642 (United States v. Arthur Adams) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Arthur Adams, 133 F. App'x 642 (11th Cir. 2005).

Opinion

PER CURIAM:

Arthur Adams appeals his conviction for the following four counts: conspiracy to import five kilograms or more of cocaine, a violation of 21 U.S.C. § 963; aiding and abetting the importation of five kilograms or more of cocaine, a violation of 21 U.S.C. § 952(a); conspiracy to possess with intent to distribute five kilograms or more of cocaine, a violation of 21 U.S.C. § 846; and aiding and abetting the possession with intent to distribute five kilograms or more of cocaine, a violation of 21 U.S.C. § 841(a)(1). Adams argues that the evidence was insufficient to support his conviction on each count. He also challenges the district court’s denial of his request for a mistrial after the government engaged in what he alleged to be the improper bolstering of a witness. Finally, Adams challenges the court’s refusal to permit him to recross-examine a witness.

I. Sufficiency of the evidence

On appeal, Adams argues that the evidence was legally insufficient to support his conviction on each of the four counts and that therefore the district court erred in denying his motion for judgment of acquittal. Adams asserts that he “played *644 a significantly minor role in the predicate acts leading to the couriers’ departure” and submits that “[t]he evidence does not otherwise connect [him] to a conspiracy to import cocaine.” He contends that the fact that he paid a drug courier’s rent and purchased each of the drug couriers’ airline tickets and passports was “not conclusive of conspiracy.” Instead, he points to others as the prime movers of the conspiracy. Adams also argues that the evidence was insufficient to prove that he possessed cocaine with intent to distribute the drug.

“Whether the record contains sufficient evidence to support the jury’s verdict is a question of law that we review de novo.” United States v. Calderon, 127 F.3d 1314, 1324 (11th Cir.1997). “[T]he evidence is viewed in the light most favorable to the government, with all reasonable inferences and credibility choices made in the government’s favor.” Id.

To prove a defendant guilty of conspiracy, “ ‘the government must prove beyond a reasonable doubt that: (1) a conspiracy existed; (2) appellants knew of the essential objectives of the conspiracy; and (3) appellants knowingly and voluntarily participated in the conspiracy.’ ” Id. at 1326 (citation omitted). “Participation in a criminal conspiracy need not be proved by direct evidence; a common purpose and plan may be inferred from a ‘development and collection of circumstances.’ ” United States v. Perez-Tosta, 36 F.3d 1552, 1557 (11th Cir.1994) (quoting Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680 (1942)). The government may establish a defendant’s knowing participation in the conspiracy through proof of surrounding circumstances, such as acts the defendant committed that furthered the purpose of the conspiracy. United States v. Matthews, 168 F.3d 1234, 1245 (11th Cir.1999).

Furthermore, even if there are many conspirators, a defendant’s guilt can be established if his contact extends to only a few or even one of the co-conspirators. United States v. Toler, 144 F.3d 1423, 1427-28 (11th Cir.1998). A defendant can be convicted even if his participation in the scheme is slight in comparison to that of other co-conspirators. Id. at 1428. Finally, testimony of a co-conspirator, even if uncorroborated, is sufficient to support a conviction so long as it is not, on its face, incredible or insubstantial. United States v. Diaz, 248 F.3d 1065, 1093-94 (11th Cir.2001).

To prove aiding and abetting, the government must establish: (1) that the substantive offense took place; (2) that the defendant associated himself with the crime; and (3) that the defendant committed an act that furthered the crime. United States v. Camargo-Vergara, 57 F.3d 993, 1001 (11th Cir.1995). “Aiding and abetting encompasses activities intended to ensure the success of the underlying substantive crime.... ” United States v. Perez, 922 F.2d 782, 786 (11th Cir.1991).

The elements of importation of cocaine are the knowing or intentional importation of cocaine into the United States from anyplace outside thereof. United States v. Ballard, 586 F.2d 1060, 1065, n. 7 (5th Cir.1978). Likewise, the elements of possession with intent to distribute cocaine are the knowing or intentional possession of cocaine with the intention to distribute the drug. Id. at 1065, n. 8. To prove possession with intent to distribute cocaine, the government must prove both possession and an intent to distribute. United States v. Bain, 736 F.2d 1480, 1486-87 (11th Cir.1984). Possession may be actual or constructive and may be proved by circumstantial evidence. Id. at 1487. An intent to distribute can be inferred from drug quantity. Id. at 1486.

*645 Despite Adams’ arguments to the contrary, there was sufficient evidence to support his conviction on each of the four counts. The evidence presented at trial demonstrated that Adams did not merely join, but initiated, the conspiracy that lead to the importation and possession of cocaine. Adams performed several overt acts, which were revealed through testimony at trial, in furtherance of the conspiracy. For example, codefendant Bilal Ansari testified that Adams solicited Ansari to find women to work as cocaine couriers from Guyana. Further testimony revealed that Adams offered to pay the drug couriers money, thereby motivating the couriers to participate and assist in the conspiracy. He also supplied airline tickets and passports for the couriers as further inducement to participate in the conspiracy.

Although the evidence in the record is not explicit, a reasonable jury could infer that Adams supplied the contacts in Guyana who provided the couriers with cocaine, or that he was a conduit of information that ultimately reached the suppliers.

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Bluebook (online)
133 F. App'x 642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-arthur-adams-ca11-2005.