United States v. Grenier

972 F. Supp. 1407, 1997 U.S. Dist. LEXIS 12600, 1997 WL 484666
CourtDistrict Court, M.D. Florida
DecidedMarch 17, 1997
DocketNo. 96-21-CR-FTM-17
StatusPublished

This text of 972 F. Supp. 1407 (United States v. Grenier) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Grenier, 972 F. Supp. 1407, 1997 U.S. Dist. LEXIS 12600, 1997 WL 484666 (M.D. Fla. 1997).

Opinion

MEMORANDUM DECISION AND ORDER

GAGLIARDI, Senior District Judge.

Defendant moves this Court for a judgment of acquittal, pursuant to Federal Rule of Criminal Procedure 29. Because the Court finds that the government failed to meet its burden of proof at trial, the Court hereby grants the motion.

I. Background

In October of 1995, the United States Customs Department began surveillance of the Blue Penguin II sailboat, which was harbored at the Gasparilla Marina, in Punta Gorda, Florida. The sailboat was owned by Neil Douglas Everett, whom Customs Agents suspected was importing marijuana into the United States.

On December 28, 1995, Everett sailed the Blue Penguin II from the marina with his wife and another friend. On December 31, 1995, Customs Agents boarded the sailboat, but they did not discover any violations. The sailboat was next observed in Jamaica on February 4, 1996, and it was not seen again until it returned to Gasparilla Marina on February 21,1996.

[1409]*1409By the time the Blue Penguin II returned to the marina, Defendant had replaced Everett’s wife and friend on board the sailboat. Prior to this date, Customs officials had no information linking Defendant either to Everett or to the Blue Penguin II. After the sailboat reentered United States waters without first reporting to Customs, in violation of federal law, Customs Agents boarded the sailboat. The Agents then questioned Everett and Defendant separately about their travels. During this questioning, Defendant stated that he had boarded the sailboat in Cuba and denied travelling to Jamaica. Defendant further denied that he had a passport. When the Agents searched the vessel, however, they found documentation indicating that the sailboat had left Jamaica on February 10, 1996, with Defendant on board. The Agents also located Defendant’s passport in a pouch that Everett had been holding during the documentation check.

During their initial search of the sailboat, Customs Agents neither saw nor smelled any narcotics, nor did they observe anything that would suggest that the sailboat had been rebuilt to conceal narcotics. However, based upon their earlier suspicions and their conversations with Everett and Defendant, Customs Agents employed a canine unit to determine whether any narcotics had been secreted in the vessel. The dog did not respond to Defendant or to any of his belongings, but it vigorously alerted to the engine room. Despite the dog’s response to the engine room, the Agents were unable to determine where the marijuana had been hidden, and after several hours, they were forced to pull the sailboat out of the water. Eventually, after the Agents removed the engine from the sailboat with a crane, they located approximately 1,800 pounds of marijuana secreted in the keel. Due to the enormous quantity of marijuana, it took several Agents between one and two hours to unload the bags from the sailboat. Although the Agents noticed that various initials had been written on the bags, none of the initials matched those of Defendant. Later tests failed to detect any of Defendant’s fingerprints on the bags or on those parts of the sailboat that concealed the access to the storage area in the keel.

On February 29, 1996, a grand jury returned a four-count indictment charging Everett and Defendant with conspiracy to import marijuana, in violation of 21 U.S.C. § 963; importation of marijuana, in violation of 21 U.S.C. § 951; conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846; and possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1). Shortly before trial was scheduled to begin in the case, Everett pled guilty to all four counts of the indictment.

Defendant maintained his innocence, and his case was tried before a jury. At trial, the government did not show where or when, during Everett’s eight-week trip, the marijuana had been purchased, nor did it offer evidence suggesting that Defendant participated in or otherwise knew of its onloading. The government showed only that Defendant had been on board the Blue Penguin II and that he had lied twice to Customs Agents. After deliberating, the jury convicted Defendant on all four counts.

Defendant moved for a judgment of acquittal at the close of the government’s case and at the close of all of the evidence, and the Court reserved decision. After reviewing the evidence presented at trial under the appropriate legal standards, the Court now concludes that there is insufficient evidence to convict Defendant of any of the charges against him.

II. Standard of Review

Federal Rule of Criminal Procedure 29 allows a court to grant a defendant’s motion for a judgment of acquittal on one or more counts if the evidence is insufficient to sustain a conviction. If the court reserves decision, it must decide the motion on the basis of the evidence presented at the time it reserved decision. The standard of review, however, is the same, regardless of when the defendant makes his motion:

The District Court must determine whether the relevant evidence, viewed in the light most favorable to the Government, could be accepted by a reasonably-minded jury as adequate and sufficient to support the conclusion of the defendant’s guilt be[1410]*1410yond a reasonable doubt---- All reasonable inferences which tend to support the Government’s case must be accepted. Any conflicts in the evidence must be resolved in the Government’s favor.

United States v. Burns, 597 F.2d 939, 941 (5th Cir.1979).

To sustain a conviction on the conspiracy counts, the government must show, beyond a reasonable doubt, that two or more people, in some way or manner, came to a mutual understanding to try to accomplish a common and unlawful plan and that Defendant knowingly, intentionally, and willfully joined in this venture. To sustain a conviction on the importation count, the government must prove, beyond a reasonable doubt, that Defendant knowingly and willfully imported marijuana into the United States. To sustain a conviction on the possession count, the government must prove, beyond a reasonable doubt, that Defendant knowingly and willfully possessed marijuana with the intent to distribute it. Thus, conviction on any count requires the government to demonstrate scienter. Although the government may establish this element through the use of circumstantial evidence, a defendant’s mere presence at a crime scene is not enough.

III. Discussion

The government did not offer any direct evidence at trial to show either that Defendant was present when the marijuana was loaded on board or that he was otherwise aware that narcotics were stored in the sailboat’s keel.

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Bluebook (online)
972 F. Supp. 1407, 1997 U.S. Dist. LEXIS 12600, 1997 WL 484666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-grenier-flmd-1997.