United States v. Moorman

660 F.2d 106
CourtCourt of Appeals for the Fourth Circuit
DecidedSeptember 24, 1981
DocketNos. 80-5219, 80-5224
StatusPublished
Cited by6 cases

This text of 660 F.2d 106 (United States v. Moorman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Moorman, 660 F.2d 106 (4th Cir. 1981).

Opinion

SPROUSE, Circuit Judge:

Appellants Stephen Brock, Michael Lane, Adrian Lane, Joseph Gioielli, Paul Pridgen, and Claude Cook each were convicted of importation of marijuana and aiding and abetting in the importation of marijuana, in violation of 21 U.S.C. §§ 952(a), 960(a)(1) and 18 U.S.C. § 2. Appellant Charles Moor-man was convicted of aiding and abetting in the importation of marijuana. Each appellant, except Moorman, also was convicted of possession with intent to distribute marijuana and aiding and abetting in possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. The appellants principal contention on appeal is that the evidence is not sufficient to sustain their convictions and that the trial court therefore should have granted their motions for judgments of acquittal under Fed.R.Crim.P. 29. Finding these contentions to be without merit, we affirm.

The basic facts are undisputed. On February 24, 1980, federal customs agents received information that two ocean-going vessels, the Ox and the Southern Pride, would soon pick up a load of marijuana at sea from a third vessel and return with the marijuana to the American Fish Company, a fish house in Southport, North Carolina. Also on February 24, while customs pilot James McCawley was patrolling from the air, he observed the Jell II, a freighter, on the high seas about forty miles southeast of Wilmington, North Carolina. The Jell II caught McCawley’s attention because the vessel appeared to be traveling erratically, in a circular pattern. The United States Coast Guard was informed of the Jell II’s activity, and early the next morning the Coast Guard cutter Point Marten approached the Jell II and followed her a short distance. Coast Guard officials observed scrape marks about fifteen feet long in the paint of the Jell II’s hull. Because the bare metal had not yet rusted, it was apparent that the scrapes were recent.

The cutter’s commanding officer had a radio conversation in English with an individual aboard the Jell II. Appellant Moor-man was the only person aboard the Jell II who spoke English. The commanding officer was told that the Jell II was a Panamanian vessel bound from Baconquilla, Colombia, to Trenton, New Jersey. Yet, the Jell II's English-speaking crew member did not know the name of any shipyard in Trenton. He stated, moreover, that the Jell II had no shipping agent in the United States and that the Jell II was carrying no cargo. He granted the Coast Guard officer’s request for permission to make a “courtesy boarding” of the Jell II.1

During the “courtesy boarding,” appellant Moorman introduced himself as the Jell II’s first mate. Moorman told the Coast Guard officers that the Jell II’s master had been injured at sea and had to be put ashore in Georgia. Although Moorman stated the Jell II was en route to New Jersey for dry docking, Moorman could not locate any charts of the New- Jersey shore aboard his ship. He claimed that the Jell II’s master had taken all the ship’s documents ashore with him in Georgia. Members of the Coast Guard boarding party observed green vegetable material on the deck of the Jell II. They returned to the Point Marten with a sample of this material. A field test indicated that it was marijuana.

After securing the permission of the Panamanian government', the Coast Guard on the same day reboarded the Jell II and conducted a thorough search. Approximately one hundred bales of marijuana, weighing a total of 3,670 pounds, were [109]*109found in the Jell II’s cargo hold. Navigational charts of the Gulf of Mexico, Caribbean Sea, and Atlantic Ocean also were discovered. Pencil markings on the charts plotted a course from Colombia through the Antilles and on to the North Carolina coast. The Jell II and its contents were seized and its crew members were arrested.

In light of the activity of the Jell II, and of the information received on February 24 that the two fishing trawlers, the Ox and the Southern Pride, would soon be bringing a marijuana shipment to the Southport, North Carolina, fish house, customs officials intensified their surveillance of the fish house area. Customs officials had been watching the fish house for several weeks, believing it to be a “prime smuggling location.” Between 8:00 a. m. and 6:00 p. m., the fish house was normally a scene of great activity. Fishing boats would pull in and out of the boat slips; ice would be loaded on boats; quantities of fish would be unloaded and carried into the fish house to be sold. After 6:00 p. m., however, the area was usually deserted.

At about 9:00 p. m. on February 25, 1980, customs officers Moore and Collins observed from their surveillance site a forty-foot fishing trawler docking at the fish house. The establishment was not open for business at that hour, and no other boats or people were around. The agents walked down the dock to the fish house and saw that the trawler was the Southern Pride. Judging from the depth of the vessel in the water, the officers deduced that it was laden with cargo. Continuing down the dock, Moore and Collins saw the trawler Ox at a loading dock in front of the fish house. Moore left to call for assistance; Collins maintained the surveillance from a parking lot adjacent to the fish house.

Before long, Collins heard a boat engine start. Other customs agents arrived, and from the parking lot they watched the Ox travel from the loading dock to a vacant boat slip beside the Southern Pride. While the Ox was backing into the vacant slip, the agents saw two individuals, later identified as appellants Cook, who was on crutches, and Pridgen, emerge from the fish house and walk along the dock toward the slip the Ox was entering. As the agents approached the Ox and the Southern Pride, Cook began to walk down the dock, a\yay from the agents. Pridgen walked toward some cars parked in the parking lot near 'the agents’ surveillance site. Agent Christenbury stopped Cook while Officer Moore stopped Pridgen.

Officers Collins and Moore then positioned themselves at the slip next to the Southern Pride where the Ox was docking. The officers observed two men, later identified as Brock and Gioielli, aboard the Ox. Unaware as yet of the officers’ identity, Brock and Gioielli threw a line to Collins and Moore, and the two officers helped tie up the Ox. Collins and Moore then identified themselves as customs officers. Brock thereupon attempted to leave the Ox but was stopped by Moore. Brock went to the other side of the vessel and threw overboard a bale which was later retrieved and identified as consisting of marijuana. According to Officer Moore, both Gioielli and Brock had marijuana residue on their clothing.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
660 F.2d 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-moorman-ca4-1981.