United States v. Mark

52 V.I. 798, 2009 WL 2602346, 2009 U.S. Dist. LEXIS 74176
CourtDistrict Court, Virgin Islands
DecidedAugust 20, 2009
DocketCriminal No. 2005-76
StatusPublished

This text of 52 V.I. 798 (United States v. Mark) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Mark, 52 V.I. 798, 2009 WL 2602346, 2009 U.S. Dist. LEXIS 74176 (vid 2009).

Opinion

GÓMEZ, Chief Judge

MEMORANDUM OPINION

(August 20, 2009)

On February 20, 2009, defendant Leon Boodoo (“Boodoo”) filed a motion for a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 (“Rule 29”), or in the alternative, for a new trial pursuant to Federal Rule of Criminal Procedure 33 (“Rule 33”). In the motion, Boodoo requested an extension of time within which to file his memorandum of law in support of the motion. The Court granted Boodoo’s request and ordered Boodoo to file his memorandum of law in support of his Rule 29 and Rule 33 motion no later than Friday, May 8, 2009.

As of the date of this Memorandum Opinion, Boodoo has not filed his memorandum of law in support of his Rule 29 and Rule 33 motion. [801]*801Nonetheless, the Court will address the assertions stated in the original motion.1

I. FACTS

On December 19, 2006, the grand jury returned a second superseding indictment (the “Indictment”) against Boodoo, among other co-defendants. Count One of the Indictment charges Boodoo with conspiracy to possess with intent to distribute cocaine, crack cocaine, and marijuana.

The first trial in this matter commenced on March 5, 2007. On March 27, 2007, the Court declared a mistrial in this matter as to Boodoo. The Court found that manifest necessity required such a declaration, given that the jury was unable to reach a unanimous verdict on Count One.

The re-trial of this matter commenced on February 2, 2009. The parties rested and the matter went to the jury after approximately one week of trial. On February 10, 2009, the jury returned a verdict finding Boodoo guilty of the conspiracies charged in Counts One and Eighteen.

II. DISCUSSION

A. Rule 29

A judgment of acquittal is appropriate under Rule 29 if, after reviewing the record in a fight most favorable to the prosecution, the Court determines that no rational jury could find proof of guilt beyond a reasonable doubt and the verdict is supported by substantial evidence. United States v. Bobb, 471 F.3d 491, 494 (3d Cir. 2006). The government [802]*802may sustain this burden entirely through circumstantial evidence. Id.; see also United States v. Wexler, 838 F.2d 88, 90 (3d Cir. 1988). “It is not [the Court’s] role to weigh the evidence or to determine the credibility of the witnesses.” United States v. Cothran, 286 F.3d 173, 175 (3d Cir. 2002).

B. Rule 33

When deciding a Rule 33 motion for a new trial, the Court is provided somewhat more discretion than what is afforded under Rule 29. Under Rule 33, the Court may grant a new trial “in the interest of justice.” United States v. Charles, 949 F. Supp. 365, 368, 35 V.I. 306 (D.V.I.1996). In assessing such “interest,” the court may weigh the evidence and credibility of witnesses. United States v. Bevans, 728 F. Supp. 340, 343 (E.D. Pa. 1990), aff’d, 914 F.2d 244 (3d Cir. 1990). If the Court determines that there has been a miscarriage of justice, the court may order a new trial. Id. The burden is on the defendant to show that a new trial ought to be granted. United States v. Clovis, Crim. No. 94-11, 1996 U.S. Dist. LEXIS 20808, at *5 (D.V.I. Feb. 12, 1996).

III. ANALYSIS

A. Sufficiency of the Evidence

Count One charges the Defendants with conspiracy to possess with intent to distribute cocaine, crack cocaine, and marijuana. To sustain its burden of proof on a conspiracy charge, the government must show: “(1) a unity of purpose between the alleged conspirators; (2) an intent to achieve a common goal; and (3) an agreement to work together toward that goal.” United States v. Pressler, 256 F.3d 144, 147 (3d Cir. 2001); see also United States v. Cartwright, 359 F.3d 281, 286-87 (3d Cir. 2004) (explaining that conspiracy requires a showing that the defendant entered into an agreement and knew that the agreement had the specific unlawful purpose charged in the indictment, (citations and quotations omitted)).

The elements of a conspiracy may be proven entirely by circumstantial evidence, and inferences from established facts may suffice to prove a conspiracy when no direct evidence is available. See Bobb, 471 F.3d at 494 (citing United States v. Wexler, 838 F.2d 88, 90 (3d Cir. 1988)); United States v. Idowu, 157 F.3d 265, 269 (3d Cir. 1998). However, there must be “a logical and convincing connection between the facts established and the conclusion inferred.” Idowu, 157 F.3d at 269.

[803]*803The essence of any conspiracy is the agreement. Pressler, 256 F.3d at 147. Since agreements to commit crimes are clandestine by nature, direct evidence of conspiracies is rare. See id. A conspiracy may be shown if circumstantial evidence is sufficient to create a “reasonable and logical inference, that the activities of the participants . . . could not have been carried on except as the result of a preconceived scheme or common understanding.” United States v. Kapp, 781 F.2d 1008, 1010 (3d Cir. 1986). For example, there may be sufficient circumstantial evidence for a rational jury to find a conspiracy where the alleged co-conspirators: demonstrated a level of mutual bust, referred business to one another in exchange for discounts, frequently met to exchange large sums of money, consulted each other about drug prices, conducted their business in code, stood on lookout for each other, provided protection to one another, shared packaging materials, shared profits, or acted as debtor or creditor to one another. See, Pressler, 256 F.3d at 153-54; United States v. Gibbs, 190 F.3d 188, 200-02 (3d Cir. 1999); United States v. Powell, 113 F.3d 464, 467 (3d Cir. 1997); United States v. McGlory, 968 F.2d 309, 322-28 (3d Cir. 1992).

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Related

Robert Frederick Huff v. United States
273 F.2d 56 (Fifth Circuit, 1959)
United States v. Robert Craig Wexler
838 F.2d 88 (Third Circuit, 1988)
United States v. Bevans (Rodney K.)
914 F.2d 244 (Third Circuit, 1990)
United States v. Alex Dandy
998 F.2d 1344 (Sixth Circuit, 1993)
United States v. Ismoila Idowu
157 F.3d 265 (Third Circuit, 1998)
United States v. Mark William Cothran
286 F.3d 173 (Third Circuit, 2002)
United States v. Sherman Bobb
471 F.3d 491 (Third Circuit, 2006)
United States v. Cruz
554 F.3d 840 (Ninth Circuit, 2009)
United States v. Charles
949 F. Supp. 365 (Virgin Islands, 1996)
United States v. Bevans
728 F. Supp. 340 (E.D. Pennsylvania, 1990)
United States v. Gibbs
190 F.3d 188 (Third Circuit, 1999)
United States v. McGlory
968 F.2d 309 (Third Circuit, 1992)

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Bluebook (online)
52 V.I. 798, 2009 WL 2602346, 2009 U.S. Dist. LEXIS 74176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mark-vid-2009.