United States v. Robert Smyth Wales, AKA Larry Abbott, AKA Robert Sanders

977 F.2d 1323, 92 Cal. Daily Op. Serv. 8620, 92 Daily Journal DAR 14271, 1992 U.S. App. LEXIS 26655, 1992 WL 293145
CourtCourt of Appeals for the Ninth Circuit
DecidedOctober 20, 1992
Docket91-10500
StatusPublished
Cited by40 cases

This text of 977 F.2d 1323 (United States v. Robert Smyth Wales, AKA Larry Abbott, AKA Robert Sanders) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. Robert Smyth Wales, AKA Larry Abbott, AKA Robert Sanders, 977 F.2d 1323, 92 Cal. Daily Op. Serv. 8620, 92 Daily Journal DAR 14271, 1992 U.S. App. LEXIS 26655, 1992 WL 293145 (9th Cir. 1992).

Opinions

DAVID R. THOMPSON, Circuit Judge:

Robert Smyth Wales entered the United States at Honolulu International Airport on a flight which he boarded in Singapore. He checked the “no” box on a customs [1325]*1325declaration form to deny that he was carrying more than $10,000. Customs agents found he was carrying $48,000. He was arrested and charged with knowingly and willfully making a false statement on a customs declaration form he gave to an officer of the United States Customs Service, in violation of 18 U.S.C. § 1001.

A jury found him guilty. The district court sentenced him to 14 months imprisonment, followed by supervised release for 2V2 years, a fine of $15,000 and a special assessment of $50. The sentence was imposed under Sentencing Guideline § 2S1.3(a)(l)(B) (1990), which has since been amended. See U.S.S.G.App. C, amendment 379 (1991).

On appeal, Wales contends the evidence was insufficient to support his conviction and the district court erred in several evi-dentiary rulings. He also challenges his sentence, contending that he is entitled to be resentenced under the amendment to U.S.S.G. § 2S1.3(a)(l)(B).

We have jurisdiction under 28 U.S.C. § 1291. We affirm Wales’s conviction, but remand to the district court for reconsideration of his sentence.

DISCUSSION

A. Sufficiency of the Evidence

In reviewing a jury verdict for sufficiency of the evidence, “the relevant question is whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2788, 61 L.Ed.2d 560 (1979).

The $48,000 in U.S. currency Wales was carrying was almost five times the $10,000 limit for disclosure purposes. The money was packaged in three separate envelopes, each from the hotel in Singapore that Wales had left that morning. Two of the envelopes were packed in different parts of Wales’s luggage. The third he carried in the breast pocket of his jacket.

When he filled out his customs declaration form, Wales completed it accurately in full, except only for checking the “no” box in response to the printed statement: “I am carrying currency or monetary instruments over $10,000 U.S. or foreign currency.” He accurately recorded, however, his flight number, the number and value of several gifts in his luggage and the date, even though he had just crossed the international date line.

When the customs inspector asked Wales what was in the first envelope found in his suitcase, Wales answered “my money.” When the inspector opened the envelope and saw that it did indeed contain money, he asked Wales how much money there was. Wales shrugged his shoulders. The inspector then pointed to the declaration form and told Wales that if he was carrying more than $10,000, he had to declare it on the form. Wales did not say anything. This envelope contained $20,000 in $100 bills.

An additional $8,000 was found in an envelope in Wales’s toiletry kit. Another customs inspector then explained to Wales that if he carried more than $10,000 in currency, he would have to fill out a form known as the currency transaction and reporting form. Wales did not ask to fill out the form. He was then led to a room where he was to be searched. On the way he was asked if he had any more money with him. He did not respond audibly, but reached into his breast pocket and handed the customs officer another envelope. This envelope was similar to the two found in his luggage, and like the others it contained $100 bills which had been bound by money wrappers. The currency in this envelope totalled $20,000.

Viewing the evidence in the light most favorable to the government, a reasonable jury could have found that Wales knew he was bringing more than $10,000 in U.S. currency into this country and knowingly and willfully stated on his customs declaration form that he was not. See United States v. Carrier, 654 F.2d 559, 561 (9th Cir.1981) (defendant’s oral “no” response and his continued reluctance to let inspectors know that he was carrying over $5,000 in his briefcase supported trial court’s con-[1326]*1326elusion that he acted knowingly and willfully).

B. Evidentiary Contentions

We will reverse a district court’s evidentiary rulings only for abuse of discretion. United States v. Conners, 825 F.2d 1384, 1890 (9th Cir.1987).

1. False Drivers’ Licenses

Wales argues the district court erred in permitting a government witness to testify that at the time of Wales’s arrest he had in his suitcase an expired California driver’s license issued in the name of “Larry David Abbott” with his picture on it, and a Canadian driver’s license issued in the name “Robert Sanders.”

As the district court found, Wales’s counsel opened the door to this testimony about the false drivers’ licenses when he elicited testimony on cross-examination that various documents which Wales was carrying on his person and which were in his briefcase at the time of his arrest were “all legitimate” and in Wales’s name. See United States v. Segall, 833 F.2d 144, 148 (9th Cir.1987) (defense counsel “opened the door” to redirect testimony that only $2,000 remained in defendant’s bank account on May 12, 1986, by introducing cross-examination evidence creating a false impression that defendant retained in her bank account funds under investigation until June 9, 1986). The district court did not err in admitting this evidence.

2. Gold Coins in Safe Deposit Box

The government presented evidence that between five and seven days after his arrest, Wales falsely told a bank officer that the key to his safety deposit box had been stolen and, for this reason, he wanted the box (which it turned out contained $150,000 in gold coins) drilled open and the contents returned to his wife.1 Wales contends the government should not have been allowed to introduce this post-arrest attempt to retrieve the contents of the safety deposit box and the fact that the box contained $150,000 in gold coins. He argues this conduct bore no similarity to the charged offense. We disagree.

Under Federal Rule of Evidence 404(b), evidence of other crimes, wrongs, or acts may be admissible to prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. United States v. Bibo-Rodriguez, 922 F.2d 1398, 1400 (9th Cir.), cert. denied, - U.S.-, 111 S.Ct. 2861, 115 L.Ed.2d 1028 (1991).

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977 F.2d 1323, 92 Cal. Daily Op. Serv. 8620, 92 Daily Journal DAR 14271, 1992 U.S. App. LEXIS 26655, 1992 WL 293145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robert-smyth-wales-aka-larry-abbott-aka-robert-sanders-ca9-1992.