United States v. Craig Lee Childs

5 F.3d 1328, 37 Fed. R. Serv. 1344, 93 Cal. Daily Op. Serv. 7242, 93 Daily Journal DAR 12315, 1993 U.S. App. LEXIS 24742, 1993 WL 376730
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 28, 1993
Docket92-10645
StatusPublished
Cited by118 cases

This text of 5 F.3d 1328 (United States v. Craig Lee Childs) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. Craig Lee Childs, 5 F.3d 1328, 37 Fed. R. Serv. 1344, 93 Cal. Daily Op. Serv. 7242, 93 Daily Journal DAR 12315, 1993 U.S. App. LEXIS 24742, 1993 WL 376730 (9th Cir. 1993).

Opinion

CHOY, Circuit Judge:

Defendant Craig Lee Childs appeals his conviction on four counts of possession of a stolen vehicle in violation of 18 U.S.C. § 2313 and his sentence of one year incarceration and five years probation. Childs argues that (A) venue was improper in the District of Arizona, (B) documents were admitted as business records without proper foundation, (C) duplicate copies of documents were erroneously admitted in lieu of the original documents, (D) the government relied on foreign law at trial without giving reasonable notice, (E) the prosecutor engaged in misconduct during the course of plea negotiations, and (F) the government improperly used a peremptory challenge to remove a Native American prospective juror. We find these arguments without merit and we affirm.

I. BACKGROUND

Five vehicles were reported 'stolen in Arizona between May and July of 1987. During this same period of time, Craig Lee Childs registered these cars in Calgary, Alberta, Canada, using the name Craig Lee Connors. Childs, along with another man, was identified as having test-driven one of the ears in Arizona shortly before it was stolen.

On April 19, 1989, Childs was indicted in Arizona on five counts of Possession of a Stolen Vehicle Transported in Interstate Commerce in violation of 18 U.S.C. § 2313. Childs was arrested on March 8, 1991 in Oklahoma. He was released on bond and ordered to appear before a Magistrate Judge in Phoenix. Childs made a motion to dismiss the case, arguing that venue was improper. This motion was denied after a hearing. A jury trial was held in Phoenix and Childs was found guilty of four counts of the indictment. 1

II. DISCUSSION

A. Venue

Childs was convicted in the District of Arizona for possession of stolen motor vehicles in violation of 18 U.S.C. § 2313. Childs argues that venue was improper in the District, of Arizona. The existence of venue is a question of law which we review de novo. United States v. Abernathy, 757 F.2d 1012, 1014 (9th Cir.), cert. denied, 474 U.S. 854, 106 S.Ct. 156, 88 L.Ed.2d 129 (1985).

Section 2313 provides:-

§ 2313 Sale or receipt of stolen vehicles
(a) Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any motor vehicle or aircraft, which has *1332 crossed a State or United States boundary after being stolen, knowing the same to have been stolen, shall be fined under this title or imprisoned not more than 10 years, or both.
(b) For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''

18 U.S.C.A. § 2313 (West.Supp.1993).

The government successfully asserted below that venue for this case is controlled by 18 U.S.C. § 3237. Under 18 U.S.C. § 3237(a), “any offense against the United States begun in one district and completed in another, or committed in more than one district, may be inquired of and prosecuted in any district in which such offense was begun, continued, or completed.” Section § 3237(a) further provides that:

Any offense involving the use of the mails, transportation in interstate or foreign commerce, or the importation of an object or person into the United States is a continuing offense and ... may be inquired of and prosecuted in any district from, through, or into which such commerce, mail matter, or imported object or person moves.

Id.

While the prosecution bears the burden of proving the requisite connection to a district for venue purposes, direct proof of venue is not necessary “ ‘where circumstantial evidence in the record as a whole supports the inference that the crime was committed in the district where venue was laid.’ ” United States v. Davis, 666 F.2d 195, 199 (5th Cir.1982) (quoting United States v. Turner, 586 F.2d 395, 397 (5th Cir.1978), cert. denied, 440 U.S. 926, 99 S.Ct. 1258, 59 L.Ed.2d 480 (1979)), see also United States v. Durades, 607 F.2d 818, 820 n. 1 (9th Cir.1979); United States v. Prueitt, 540 F.2d 995, 1006 (9th Cir.1976), cert. denied, 429 U.S. 1063, 97 S.Ct. 790, 50 L.Ed.2d 780 (1977).

The evidence in this case reveals that all of the cars were stolen from Arizona during a short period of time, that Childs was seen test-driving one of the stolen cars in Arizona the day before the car was stolen, and that Childs registered the stolen cars in Canada shortly after they were stolen. This evidence supports the inference that Childs stole the cars in Arizona and moved them through the United States into Canada. Accordingly, we hold that venue was proper in Arizona.

B. Admission of Documents as Business Records

Childs argues that the district court erroneously admitted a number of documents as business records without proper foundation. District court decisions to admit evidence under the business records exception to the hearsay rule are reviewed for abuse of discretion. See United States v. Bland, 961 F.2d 123, 126 (9th Cir.), cert. denied, — U.S. —, 113 S.Ct. 170, 121 L.Ed.2d 117 (1992).

Fed.R.Evid. 803(6) provides:

A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term “business” as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

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5 F.3d 1328, 37 Fed. R. Serv. 1344, 93 Cal. Daily Op. Serv. 7242, 93 Daily Journal DAR 12315, 1993 U.S. App. LEXIS 24742, 1993 WL 376730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-craig-lee-childs-ca9-1993.