United States v. Craig Warner, April Covey, Samuel L. Kranzthor, Fred W. Daniels, Jr., Friedae. Edwards, Frank Daniels and Michael A. Jacobson

441 F.2d 821
CourtCourt of Appeals for the Fifth Circuit
DecidedMay 10, 1971
Docket29505
StatusPublished
Cited by259 cases

This text of 441 F.2d 821 (United States v. Craig Warner, April Covey, Samuel L. Kranzthor, Fred W. Daniels, Jr., Friedae. Edwards, Frank Daniels and Michael A. Jacobson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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 Warner, April Covey, Samuel L. Kranzthor, Fred W. Daniels, Jr., Friedae. Edwards, Frank Daniels and Michael A. Jacobson, 441 F.2d 821 (5th Cir. 1971).

Opinions

WISDOM, Circuit Judge:

The defendants-appellants—Samuel L. Kranzthor, Fred W. Daniels, Jr., Frieda E. Edwards, Frank Daniels, Michael A. Jacobson, Craig R. Warner, and April L. Covey—were charged with having conspired knowingly and with intent to defraud the United States to import marihuana into the United States contrary to law, in violation of 21 U.S.C. § 176a.1 Three other persons were also named in the indictment: Richard C. Semple, III, Michael G. Young, and Rodolfo Vasquez.2 Semple was never apprehend[824]*824ed and remains a fugitive. The other nine defendants pleaded not guilty and stood trial by jury. At the close of all the evidence the district court granted Young’s motion for judgment of acquittal. The jury acquitted Vasquez but convicted the other seven defendants. Kranzthor was also convicted of the substantive offense of knowingly importing marihuana into the United States contrary to law.3 The district court sentenced Kranzthor to serve two concurrent ten-year terms in a federal penitentiary. The court sentenced Frank Dan[825]*825iels under the Youth Corrections Act, 18 U.S.C. § 5005 et seq. The remaining five defendants were sentenced to serve six-year terms in a federal penitentiary.

On appeal to this Court four points of error are raised. (1) All of the appellants contend that the district court erred in denying their motions for judgment of acquittal, because the evidence was insufficient to sustain their convictions for conspiracy. (2) Kranzthor contends that the court erred in denying his motion for judgment of acquittal, because the evidence was insufficient to sustain his conviction for the substantive offense. (3) All of the appellants contend that the court erred in admitting the evidence takan from them and their vehicles, because—so they argue—their arrests and the searches of their vehicles were without a warrant or probable cause. (4) The appellants’ final contention is that the statute under which they were charged, 21 U.S.C. § 176a, is unconstitutional, because it violates the Fifth Amendment privilege against self-incrimination. We conclude that the judgment of the district court must be affirmed.

I.

The first two contentions are that the Government’s evidence is insufficient to support the defendants’ convictions for conspiracy and Kranzthor’s conviction for the substantive offense of illegal importation of marijuana.

On a motion for judgment of acquittal, the test is whether, taking the view most favorable to the Government, a reasonably-minded jury could accept the relevant evidence as adequate and sufficient to support the conclusion of the defendant’s guilt beyond a reasonable doubt. Sanders v. United States, 5 Cir. 1969, 416 F.2d 194, 196; Jones v. United States, 5 Cir. 1968, 391 F.2d 273, 274; Weaver v. United States, 5 Cir. 1967, 374 F.2d 878, 881. It is true that

much of the evidence in this case is circumstantial, and that at one time some courts expressed the view that in criminal cases based on circumstantial evidence a special rule required the district court to grant the motion for acquittal unless the circumstantial evidence excluded every reasonable hypothesis other than that of guilt.4 The Supreme Court, however, has said that “ [circumstantial evidence * * * is intrinsically no different from testimonial evidence” and that “where the jury is properly instructed on the standards for reasonable doubt, such an additional instruction on circumstantial evidence is confusing and incorrect.” Holland v. United States, 1954, 348 U.S. 121, 140, 75 S.Ct. 127, 137, 99 L.Ed. 150, 166. The same test, therefore, for judging the sufficiency of the evidence should apply whether the evidence is direct or circumstantial. Indeed, that is the prevailing rule in the federal courts today. See 2 C. Wright, Federal Practice & Procedure, § 467, at 258. To reconcile some older Fifth Circuit cases with the Supreme Court’s clear holding in Holland, this Court has rephrased the substantial evidence test: in criminal cases based on circumstantial evidence our task is to determine whether reasonable minds could conclude that the evidence is inconsistent with the hypothesis of the accused’s innocence. United States v. Andrews, 5 Cir. 1970, 427 F.2d 539, 540; Surrett v. United States, 5 Cir. 1970, 421 F.2d 403, 405. Notwithstanding these differences, which some might term verbalistic, we are in agreement with our brothers in other circuits that whether the evidence be direct or circumstantial, the matter of the defendant’s guilt is for the jury to decide unless the court concludes that the jury must necessarily have had a reasonable doubt. See 2 C. Wright, Federal Practice & Procedure, § 467, at 259.

Since there were seven defendants indicted and convicted and since the prin[826]*826cipal question this case presents is whether as to each one the Government’s evidence was sufficient to sustain his conviction, in justice to each, a somewhat lengthy discussion of the Government’s case is necessary.

At 9:00 a. m. on March 18, 1969, a Mexican taxicab carrying Fred Daniels and Bert Semple entered the United States at the Cordova Bridge in El Paso, Texas. Because both men appeared nervous and United States Customs inspectors had information that Daniels was suspected of smuggling, the inspectors at El Paso detained Daniels and Semple momentarily and searched them. The search revealed nothing but the inspectors asked the Mexican taxi driver, as they had occasionally done in the past, to report to them after he let off the two men. The driver reported to the inspectors that following the search one of the men had said to him in Spanish, “I thought those inspectors were real smart.” The speaker added that it had been useless for the officials to search them since they were not bringing anything back into the country: “What we had, we left in Mexico.” The men told the driver that someone might be following them and gave him a tip of four dollars on a ride that cost only four dollars “not to say where I had left them.” The inspectors then relayed this information to the Special Agent in charge of Customs in the El Paso area, who in turn alerted the other Special Agents.

About an hour after Fred Daniels and Semple entered the United States, the alerted agents observed Frank Daniels, Fred’s brother, and another person driving south toward Mexico in Frank’s light blue Volkswagen bus. At 10:30 agents dispatched to Juarez, Mexico, saw Frieda Edwards, sister of Fred and Frank Daniels, accompanied by a passenger, driving her dark blue Volkswagen sedan with a large luggage carrier on top. She was leaving the Las Vegas Motel in Juarez. The carrier appeared to be loaded and was covered with a green tarpaulin. Two men in Frank Daniels’s light blue Volkswagen bus were following Frieda’s car. Both vehicles stopped at the LaCuesta Restaurant in Juarez.

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441 F.2d 821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-craig-warner-april-covey-samuel-l-kranzthor-fred-w-ca5-1971.