United States v. Rosenberg

806 F.2d 1169
CourtCourt of Appeals for the Third Circuit
DecidedNovember 28, 1986
DocketNos. 85-5360, 85-5361
StatusPublished
Cited by83 cases

This text of 806 F.2d 1169 (United States v. Rosenberg) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Rosenberg, 806 F.2d 1169 (3d Cir. 1986).

Opinions

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Susan Lisa Rosenberg and Timothy Blunk appeal their convictions and sen[1171]*1171tences before the United States District Court for the District of New Jersey on nine counts of possession of firearms, explosives and false identification documents. This case requires us to determine, inter alia, whether the district court abused its discretion in sentencing these defendants to the maximum prison terms provided by the applicable statutes, whether these sentences resulted from impermissible bias on the part of the district judge, and whether consecutive sentences properly may be imposed for possession of explosives in violation of 26 U.S.C. § 5861(d) (1982) and for the carrying of explosives during the commission of a felony under 18 U.S.C. § 844(h)(2) (1982). The American Civil Liberties Union of New Jersey, the National Lawyers Guild — New Jersey Chapter, the Center for Constitutional Rights and the National Emergency Civil Liberties Committee, concerned that the defendants’ sentences may be related to their political beliefs, have submitted a brief to this court on the issue as amici curiae.

The district court’s jurisdiction stemmed from 18 U.S.C. § 3231 (1982); we have appellate jurisdiction pursuant to 28 U.S.C. § 1291 (1982). For the following reasons, we will affirm the judgments and sentences in all respects.

I.

Defendants do not challenge the government’s evidence. This evidence showed that on November 3, 1984, Susan Rosenberg rented a storage bin at a public storage facility in Cherry Hill, New Jersey. Identifying herself to the facility’s manager with a New York driver’s license issued in the name of “Barbara Grodin,” Rosenberg provided several telephone numbers at which she could be reached, paid for the storage bin in cash, and received an entrance code number which would provide access to the facility. Rosenberg did not unload anything into the bin at that time.

Several days later, when the manager was not in the office, an employee rented out the bin that had been assigned to “Barbara Grodin” to another party. When the manager returned to the office, he requested the new party to remove his belongings from the bin. The new renter refused, however, and the manager reassigned “Barbara Grodin” to another storage bin and attempted to contact her to inform her that both her bin and her entrance code had been changed to reflect the reassignment. When the manager was unable to contact her using the phone numbers she had supplied, he wrote a letter to “Barbara Gro-din” and sent it to the address listed on the driver’s license Rosenberg had given him. Soon thereafter he received a phone call from the real Barbara Grodin who informed the manager that she had not rented a storage bin. Moreover, Ms. Grodin wrote the manager that her wallet, containing her driver’s license, had been stolen. The manager suggested that Grodin contact the Cherry Hill police concerning the matter, which she did. After a number of phone conversations between Grodin, the manager, and the Cherry Hill police, the parties agreed that if Rosenberg returned to the storage facility the manager would contact the police.

On November 29, 1984, Rosenberg and Timothy Blunk drove up to the facility in a car towing a rented trailer. Unable to enter with the old access code, Rosenberg knocked on the office’s window to request admission. The manager recognized Rosenberg as the woman who had identified herself as Barbara Grodin. The manager directed Rosenberg to a new storage bin, provided her with a new access code, and returned to the office to phone the police.

Officer Di Francisco responded to the call. After speaking with the manager, Di Francisco proceeded to the storage area where he observed the defendants covering certain items on the floor of the bin with opaque plastic. Di Francisco noted that one of the items appeared to be an ammunition box and that another item, a large tubular object, bore the clearly visible label “blasting agent.” Di Francisco also observed that both Rosenberg and Blunk were wearing glasses and wigs. Di Fran[1172]*1172cisco asked the defendants for identification, and both produced New York driver’s licenses. Rosenberg’s identified her as Barbara Grodin, and Blunk’s was issued in the name of William Hammond. When Rosenberg was unable to provide Di Francisco with the correct birthdate on her license, she volunteered to retrieve additional identification from her car.

Di Francisco did not permit her to return to the car, but instead led the two outside the bin where they met with Officer Martin who had just arrived. Di Francisco told Martin to stay with Blunk while he and Rosenberg returned to the manager’s office. At the office, Di Francisco called headquarters, confirmed that the license was stolen, and again asked Rosenberg for her birthdate. She gave him a date that was different from the one she had earlier given him, as well as different from the one on the license. At this point, the officer arrested Rosenberg and placed her in the rear seat of his car, drove back to the storage area, arrested Blunk, and placed him in Officer Martin’s car.

Di Francisco then proceeded to defendants’ car in an effort to locate the additional identification that Rosenberg mentioned. On the front seat of the defendants’ car, Di Francisco found two purses each containing a fully loaded semi-automatic pistol with additional ammunition clips.

After obtaining a search warrant, the police searched the bin, discovering a stockpile of ammunition, weapons, explosives, and false identification documents. In particular, the bin contained twelve assorted guns, two of which — an Uzi 9mm. semi-automatic rifle and an Ithaca twelve-gauge shotgun with its barrel “sawed-off” — were required to be registered to defendants in the National Firearms Registration and Transfer Record under 26 U.S.C. §§ 5861(d); nearly two hundred sticks of dynamite, more than one hundred sticks of DuPont Trovex, a high explosive, a wide array of blasting agents, blasting caps, batteries and switches; and hundreds of false identification documents, including various drivers’ licenses, social security cards, and FBI and DEA identification badges.

On December 6, 1984, a federal grand jury returned an indictment charging Blunk and Rosenberg with conspiracy, firearms offenses, and possession of false identification documents. Trial commenced on March 7, 1985. From the beginning of the proceedings, it was evident that Blunk and Rosenberg styled themselves as “political prisoners” rather than criminal defendants. They insisted on being absent from most of the trial proceedings and directed their retained counsel to remain inactive during the trial. To accommodate them, the trial judge provided Blunk and Rosenberg with closed circuit television through which they could monitor the proceedings, and appointed a public defender to remain in the courtroom for the trial to protect the defendants’ interests.

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Bluebook (online)
806 F.2d 1169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rosenberg-ca3-1986.