United States v. Ecklin

837 F. Supp. 2d 589, 2011 WL 6749835, 2011 U.S. Dist. LEXIS 147900
CourtDistrict Court, E.D. Virginia
DecidedDecember 22, 2011
DocketCriminal No. 2:11cr139
StatusPublished

This text of 837 F. Supp. 2d 589 (United States v. Ecklin) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ecklin, 837 F. Supp. 2d 589, 2011 WL 6749835, 2011 U.S. Dist. LEXIS 147900 (E.D. Va. 2011).

Opinion

OPINION AND ORDER

ROBERT G. DOUMAR, Senior District Judge.

This matter is before the Court on Michael Angelo Ecklin’s (hereinafter “Ecklin”) Motion for Judgment of Acquittal filed on December 15, 2011. Pursuant to Federal Rule of Criminal Procedure 29, Ecklin requests entry of an order dismissing the charge of aiding and abetting under Count Two of the Indictment. For the reasons set forth below, Ecklin’s motion is GRANTED.

I. Procedural History

The Government’s Indictment charged both Ecklin and his co-defendant, Khallid Carter, with being felons in possession of a firearm and ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), and aiding and abetting each other’s possession of a firearm and ammunition, in violation of 18 U.S.C. § 2. Specifically, Count 1 [591]*591charged Ecklin with being a felon in possession of a firearm and ammunition, and Count 2 charged Ecklin with aiding and abetting his co-defendant Carter’s possession of a firearm and ammunition.

This matter went to trial on December 7, 2011. After the close of the Government’s case-in-chief on December 8, 2011, both Ecklin and Carter moved for dismissal of the aiding and abetting charges against them pursuant to Fed.R.Crim.P. 29. Counsel for both defendants presented arguments that the Third and Sixth Circuits require the Government to show that a defendant knew or had cause to know that the principal was a convicted felon in order to find aiding and abetting liability under 18 U.S.C. § 922(g). They noted, however, that the Fourth Circuit has not ruled on this issue, and there is a circuit split because the Ninth Circuit does not require the Government to prove such knowledge on the part of the aider and abettor. The Court denied these Rule 29 motions but advised counsel they could renew them at the close of all of the evidence.

Counsel did renew their Rule 29 motions to dismiss the aiding and abetting charges in the Indictment at the close of all the evidence. Having taken into consideration the decisions in the Third and Sixth Circuits, and having found them persuasive, the Court found that the Government produced no evidence at trial to show that co-defendant Carter knew or had cause to know that Ecklin was a convicted felon. Therefore, the Court held that the evidence was insufficient to sustain a conviction of aiding and abetting against Carter. However, with regard to Ecklin’s motion, the Court found that there was sufficient testimony to demonstrate that Ecklin knew Carter was a convicted felon and thus denied Ecklin’s Rule 29 motion.

After deliberating the Jury returned its verdict finding Ecklin guilty of both Counts of the Indictment. The Court subsequently informed counsel for Ecklin that it would entertain a motion to set aside the aiding and abetting verdict if it was filed within ten (10) days of December 9, 2011. The Government was likewise told it could file a memorandum in response within ten days of the verdict.

II. Applicable Law

Fed.R.Crim.P. 29(a) and (c)(2) grants the Court the power to set aside a guilty verdict returned by a jury and enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.

Under 18 U.S.C. § 2 whoever aids, abets, counsels, commands, induces, or procures the commission of an offense against the United States is punishable as a principal. In order for a jury to convict a defendant of an aiding and abetting crime, the Government must produce sufficient evidence to show that the defendant knowingly associated himself with and participated in the criminal venture. See United States v. Winstead, 708 F.2d 925, 927 (4th Cir.1983) (citing Nye & Nissen v. United States, 336 U.S. 613, 619-20, 69 S.Ct. 766, 93 L.Ed. 919 (1949); United States v. Beck, 615 F.2d 441, 448 (7th Cir.1980); United States v. Pearlstein, 576 F.2d 531, 546 (3d Cir.1978); United States v. Di Stefano, 555 F.2d 1094, 1103 (2d Cir.1977)). In order to prove the element of association, the Government must show that the defendant shared in the principal’s criminal intent. See id. (citing Beck, 615 F.2d at 449). As the Fourth Circuit stated in Winstead, this requires evidence that the defendant be aware of the principal’s criminal intent and the unlawful nature of his acts. See id. (citing Pearlstein, 576 F.2d at 546). Evidence that the defendant merely brought about the arrangement that made the criminal acts of the principal [592]*592possible does not alone support a conclusion that the defendant was aware of the criminal nature of defendant’s acts. See id. (citing United States v. Belt, 574 F.2d 1234, 1240 (5th Cir.1978)).

With regard to aiding and abetting a felon in possession of a firearm, there is a circuit split as to whether the aider and abettor must know or should have known that the principal was a convicted felon. The Ninth Circuit has held that the Government does not need to show that the defendant knew the principal was a felon. See United States v. Graves, 143 F.3d 1185, 1188 (9th Cir.1998); United States v. Canon, 993 F.2d 1439, 1442 (9th Cir.1993). However, in Graves, although the Ninth Circuit did not overturn Canon, it expressed reservations regarding the holding in Canon:

“Although we acknowledge that Canon decided the question whether an aider and abettor is required to know of the principal’s status as a felon, we have serious reservations regarding the soundness of that determination. In particular, we note that the decision contains no analysis in support of its conclusion, but rather in one conclusory sentence simply points to United States v. Sherbondy, 865 F.2d 996 (9th Cir.1988) as authority. Sherbondy, however, was strictly concerned with whether the principal must have knowledge of the jurisdictional element of § 922(g).

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Related

Nye & Nissen v. United States
336 U.S. 613 (Supreme Court, 1949)
United States v. Sally Di Stefano and Linda Di Stefano
555 F.2d 1094 (Second Circuit, 1977)
United States v. Herbert N. Belt
574 F.2d 1234 (Fifth Circuit, 1978)
United States v. Richard Beck
615 F.2d 441 (Seventh Circuit, 1980)
United States v. Lewis Daniel Winstead
708 F.2d 925 (Fourth Circuit, 1983)
United States v. Kevin J. Sherbondy
865 F.2d 996 (Ninth Circuit, 1988)
United States v. Michael Moore
936 F.2d 1508 (Seventh Circuit, 1991)
United States v. Travon Gardner
488 F.3d 700 (Sixth Circuit, 2007)
United States v. Graves
143 F.3d 1185 (Ninth Circuit, 1998)
United States v. Pearlstein
576 F.2d 531 (Third Circuit, 1978)

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Bluebook (online)
837 F. Supp. 2d 589, 2011 WL 6749835, 2011 U.S. Dist. LEXIS 147900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ecklin-vaed-2011.