United States v. Davis

373 F. App'x 239
CourtCourt of Appeals for the Third Circuit
DecidedApril 13, 2010
Docket09-2542
StatusUnpublished

This text of 373 F. App'x 239 (United States v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Davis, 373 F. App'x 239 (3d Cir. 2010).

Opinion

OPINION OF THE COURT

FUENTES, Circuit Judge:

Former Newark Police Detective Michelle Davis was indicted on one count of conspiracy to commit money laundering, under 18 U.S.C. § 1956(h), and four counts of money laundering, under 18 U.S.C. § 1956(a)(l)(B)(i). She was found guilty on all counts. Davis filed a motion for a judgment of acquittal under Federal Rule of Criminal Procedure 29, which the District Court granted as to Count Five. The District Court sentenced Davis to twelve months and one day in prison on all counts, to be served concurrently, as well as three years of supervised release. Davis appeals the denial of her Rule 29 motion on the remaining four counts and argues that there was insufficient evidence to support her convictions. Finding sufficient evidence in the record to uphold Davis’ convictions on the remaining counts, we affirm the District Court’s decision. 1

I.

Because we write primarily for the parties, we only discuss the facts and proceed *241 ings to the extent necessary for resolution of this case. Davis was found guilty of laundering money on behalf of Rasheem Small, a Newark drug dealer and the proprietor of an illegal gambling club. Small was released from prison in 2001 after serving time for felony convictions for robbery, assault, and drug dealing. Small, who testified as a government witness against Davis, quickly renewed his drug dealing activity and began operating the “Taj Mahal” gambling den. He earned substantial money from both endeavors and began living a lavish lifestyle. Witnesses testified that Davis frequented the Taj Mahal, spent time at Small’s home, and socialized with him in public, despite a prohibition on police officers associating with known criminals and gamblers. Small purchased jewelry for Davis and allowed her to borrow fur coats and drive his cars. He also allowed her to use complimentary hotel rooms he received in Atlantic City. Testimony revealed that Davis informed Small before Newark Police officers came to question him about a shooting outside the Taj Mahal and that, on a separate occasion, she promptly arrived on the scene to intervene on Small’s behalf when he was pulled over by the police.

Having seen the central ah- conditioning in Davis’ home, Small decided to install central ah- at his own residence. He asked Davis for a recommendation of a contractor. Davis ultimately signed the contract with Duct Mate for installation of the central air conditioning. Small testified that he made the first two payments for the installation, but for the third and final payment he gave cash, on two separate occasions, to Davis, who then paid Duct Mate with a certified check and a personal check, drawn on two separate accounts. A teller at the Newark Police Federal Credit Union testified that on August 27, 2003 she made a check out to Duct Mate on Davis’ behalf and that Davis “brought in $4000 in cash” to obtain the check. (J.A. at 121.) Davis also wrote a separate personal check, drawn on her account at Wachovia Bank, for $1,800, to Duct Mate. Davis transferred $2,000 from her pension fund account into the Wachovia account immediately prior to writing the personal check. Small testified that he sought Davis! assistance with the payments because he was concerned that if he directly paid more than $10,000 to Duct Mate he would “go over the 10,000 mark ... with the IRS.” (J.A. at 61.)

Small purchased a Range Rover automobile in February 2005 and had the car titled in Davis’ name. He sought her assistance because “her job could show she [could] afford a car.” (J.A. at 86.) Small sold the vehicle six months later in August 2005.

The five-count superseding indictment against Davis charged her with conspiracy to commit laundering, as well as four specific instances of money laundering. These included two separate cash payments of approximately $2,000 and $4,000 in cash in exchange for Davis’ payments to Duct Mate, the titling of the Range Rover in her name, and her involvement in the sale of the Range Rover. The District Court granted Davis’ Rule 29 motion on Count Five, related to the sale of the Range Rover. The Court concluded that the evidence supporting a finding of guilt as to this count hung on a signature that was “unlike that of other signatures shown to be genuine Michelle Davis signatures.” (J.A. at 577.) Accordingly, the court dismissed this count as “unsupported by sufficient evidence.” (Id.)

II.

Davis challenges the District Court’s ruling on the remaining four counts in her *242 indictment and contends that the Government’s evidence was insufficient to support the jury’s guilty verdicts. “We exercise plenary review over a district court’s grant or denial of a motion for acquittal based on the sufficiency of the evidence, applying the same standard as the district court.” United States. v. Silveus, 542 F.3d 993, 1002 (3d Cir.2008). We “will sustain the verdict if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Dent, 149 F.3d 180, 187 (3d Cir.1998) (internal quotation marks and citations omitted). Davis does not dispute that she was friends with Small, but claims the evidence presented shows nothing moi*e. Her brief relies primarily upon her own testimony and, while it posits other possible other explanations for her actions, fails to satisfy the heavy burden on an appellant who raises a claim of insufficiency of the evidence. Dent, 149 F.3d at 188.

As to Count One, conspiracy to launder money, Davis emphasizes that Small never testified that he and Davis explicitly discussed plans to launder money. To prove a conspiracy under § 1956(h), the Government was required to prove “(1) that an agreement was formed between two or more persons; and (2) that the defendant knowingly became a member of the conspiracy.” United States v. Greenidge, 495 F.3d 85, 100 (3d Cir.2007). Direct evidence of an agreement is not necessary as each element of a criminal conspiracy “may be proven entirely by circumstantial evidence.” United States v. Applewhaite, 195 F.3d 679, 684 (3d Cir.1999). Small testified at trial that there was no reason to explicitly discuss the source of his money because he assumed, given their friendship and her visits to his home, that Davis knew where it was coming from. Given the testimony at trial regarding the nature of their relationship and the multiple transactions performed by Davis on Small’s behalf, ample circumstantial evidence supported the jury’s conclusion that Davis conspired with Small to launder money.

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373 F. App'x 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-davis-ca3-2010.