United States v. Hahn

CourtCourt of Appeals for the First Circuit
DecidedMarch 9, 1994
Docket93-1858
StatusPublished

This text of United States v. Hahn (United States v. Hahn) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Hahn, (1st Cir. 1994).

Opinion

USCA1 Opinion


UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________

No. 93-1858

UNITED STATES OF AMERICA,

Appellee,

v.

ROBERT HAHN,

Defendant, Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Paul J. Barbadoro, U.S. District Judge]
___________________

____________________

Before

Selya, Cyr and Boudin,

Circuit Judges.
______________

____________________

Paul J. Haley, with whom Scott L. Hood and Law Office of Paul J.
_____________ ______________ _____________________
Haley were on brief for appellant.
_____
David A. Vicinanzo, Assistant United States Attorney, with whom
__________________
Peter E. Papps, United States Attorney, was on brief for appellee.
______________

____________________

March 9, 1994

____________________

CYR, Circuit Judge. Appellant Robert Hahn challenges
CYR, Circuit Judge.
______________

various trial court rulings and the sufficiency of the evidence

supporting his convictions for using or carrying a firearm in

relation to a drug trafficking crime, 18 U.S.C. 924(c), con-

spiring to possess and distribute marijuana, 21 U.S.C. 846, and

conducting a continuing criminal enterprise, 21 U.S.C. 848(a),

(c). Careful review discloses no error.

I
I

BACKGROUND
BACKGROUND
__________

We recite the relevant facts in the light most favor-

able to the verdict. See United States v. Welch, ___ F.3d ___,
___ _____________ _____

___, No. 92-1368 (1st Cir. Dec. 30, 1993, slip op. at 19). In

1992, Hahn and ten other defendants were jointly indicted in the

United States District Court for the District of New Hampshire,

as former members of a nationwide marijuana trafficking conspira-

cy spanning more than a decade and headed by one Alberto "Dad"

Lujan. As a principal underboss, Hahn had been responsible for,

inter alia, transporting smuggled Mexican marijuana from Arizona
_____ ____

for distribution in California, Colorado, Michigan, New Hamp-

shire, Massachusetts and New York, among other locales.

In the early 1980s, Hahn and Lujan were local marijuana

dealers seeking to penetrate marijuana markets outside Arizona in

order to capitalize on their connections with suppliers in

Mexico. Eventually, Hahn established a business relationship

2

with Mark Heino, a New Hampshire native living in southern

California. Some of the marijuana Heino bought from Hahn, he

resold in California. The rest Heino distributed during his

frequent trips to New Hampshire. Heino himself became an under-

boss in the Lujan organization, a position he retained until his

arrest on trafficking charges in early 1984.

With Heino out of circulation, the New Hampshire

operation was taken over by Hugh Mulligan, another New Hampshire

native. Like Heino, Mulligan had been recruited into the Lujan

organization by Hahn, who thereafter supervised Mulligan's New

Hampshire operation. Later, when the New Hampshire marijuana

market softened, Mulligan introduced Hahn to Dennis and P.J.

Dougherty, Long Island residents with New Hampshire ties. The

Doughertys afforded the Lujan organization access to the lucra-

tive Metropolitan New York marijuana market, and large marijuana

shipments were soon being trucked in from Arizona. Several years

later, after the Doughertys dropped out of the picture, Hahn

established a high-volume marijuana trade with another New York

dealer. Meantime, Heino was released from prison in mid-1986,

returned to New Hampshire, and reestablished himself in the Lujan

organization. During this period, Hahn concentrated on the

organization's interests in Arizona, Metropolitan New York, and

New Hampshire.

3

Hahn's primary role was to supervise marijuana ship-

ments from Arizona to New York and New England.1 In early 1991,

Lujan set up a bogus produce-trucking operation as a cover for

the marijuana shipments. A professional truck driver, one Roger

Bradley, was recruited for the long-haul runs between Arizona and

the Northeast. Upon arrival at his East Coast destination,

Bradley would contact Hahn to arrange for offloading. Normally,

Bradley would "deadhead" back to Arizona, but on occasion he

transported large quantities of currency back to Lujan at Hahn's

request.2

The cross-country trucking operation was a success. At

its apex, during 1991 alone, thirteen to fifteen tractor-trailer

loads were transported from Arizona to the Northeast under Hahn's

____________________

1Hahn's secondary role was to ensure the security of the
organization's marijuana supply in Arizona. Several witnesses
testified that Hahn almost always carried a .45 caliber Colt
Commander handgun. Coconspirator Michael Sheehan testified that
Hahn admitted conducting raids, or "rips," on rival traffickers
and stealing their marijuana, thereby impeding the competition.
Hahn told Sheehan that he had been wounded by gunfire during a
"rip" in Tucson on December 8, 1989. At trial, a police officer
testified to having found Hahn in the aftermath of the December 8
shootout, and the government introduced photographs depicting the
shootout scene, strewn with bullets and bales of marijuana.

2The cross-country transportation operation required manpow-
er.

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