William J. Sanders and Joseph Russell Buschkotter v. United States

416 F.2d 194
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 6, 1969
Docket25932_1
StatusPublished
Cited by37 cases

This text of 416 F.2d 194 (William J. Sanders and Joseph Russell Buschkotter v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
William J. Sanders and Joseph Russell Buschkotter v. United States, 416 F.2d 194 (5th Cir. 1969).

Opinions

COMISKEY, District Judge.

Appellants, William J. Sanders and Joseph Russell Buschkotter, were convicted of several counts of selling and [196]*196disposing of motor vehicles moving in interstate commerce with the knowledge that the automobiles had been stolen, in violation of 18 U.S.C. § 2313. Appellants were also convicted of conspiring to receive, transport, sell and dispose of such vehicles in violation of 18 U.S.C. § 371.

Appellants urge this Court to reverse their convictions because of several alleged errors in the proceedings below. First, both appellants contend that they were denied their right to a speedy trial in violation of the Sixth Amendment. There was an appreciable delay between the date of the indictment and the trial, which delay was due mainly to three continuances. One of these continuances was granted on motion of defendant Buschkotter, whose attorney had withdrawn at the last moment. It is apparent from the record that the reason for the other two continuances was the District Judge’s overcrowded docket which was caused by circumstances beyond his control.1 In order for the appellants to prevail in their contention, they must show not only that there was a delay, but that such delay was purposeful, oppressive, or prejudicial. United States v. Ewell, 383 U.S. 116, 120, 86 S.Ct. 773, 776, 15 L.Ed.2d 627 (1966). The appellants have made no such showing here, and we therefore affirm the District Court on this point.

Second, appellants contend that the District Court erred in refusing to grant a continuance on the day of the trial for more than two days. We hold that this argument is without merit, as the defendants have completely failed in their effort to show that the District Judge abused his discretion in refusing to grant a longer continuance.

Finally, appellants contend that the trial court erred in failing to direct verdicts of acquittal in their favor. In reviewing a District Court’s refusal to direct a verdict of acquittal, this Court must affirm the District Judge and sustain the verdicts of guilty “if, taking the view most favorable to the Government, there is substantial evidence to support it.” Downing v. United States, 348 F.2d 594, 601 (5th Cir.1965). “This Court has consistently held that on motion for judgment of acquittal ‘The test is whether, viewing the evidence presented most favorable to the Government, a reasonable-minded jury could accept the relevant and admissible evidence as adequate and sufficient to support the conclusion of the defendant’s guilt beyond a reasonable doubt.’ Stephens v. United States, 5 Cir., 1965, 354 F.2d 999.” Weaver v. United States, 374 F.2d 878, 881 (5th Cir.1967).

It is alleged by the Government that in February, 1965, the appellant Sanders, Jimmy Sisco, and Edgar Doyle Hick-son met in Sanders’ trailer at Milton, Florida, and devised a scheme to steal, transport and sell motor vehicles. Shortly after this meeting, Hickson and Sisco stole a number of automobiles in the southeastern part of the United States and transported them to Florida. Pursuant to this scheme, Sisco and Hickson would steal doorplates from automobiles, bring them to Alabama, a non-title state, and obtain registration and tag instruments based on the information contained on the stolen doorplate. After having registered the automobiles, which they did not have, they would steal automobiles matching the descriptions given by the doorplates and registration instruments, remove the doorplates from the stolen cars, and replace them with the stolen doorplates which they had used to obtain the false registration papers. The stolen cars would then be transported to Florida where they would be registered under the title laws, of that state by the use of the fraudulent title registration papers obtained in Alabama. It is further alleged by the Government that appellant Buschkotter entered the conspiracy in Febru[197]*197ary, 1965, after being told by one Fred E. Wilson that he could purchase late model automobiles for $1500.00 each. Busehkotter said he was interested in buying such cars and asked to be introduced to Sanders and his associates. In February, 1965, Busehkotter allegedly met with Hickson, Sanders and Wilson at a restaurant in Jacksonville, Florida, at which time he entered the conspiracy. Under the terms agreed upon by the conspirators, Sisco and Hickson would steal the cars, obtain the false registration papers, and transport them to Florida where Sanders and Busehkotter sold and disposed of them.

We deal first with the conviction of appellant Sanders for conspiracy and for two counts of selling and disposing of motor vehicles. The conspiracy conviction was obtained under 18 U.S.C. § 371, provides in part that “[i]f two or more persons conspire * * * to commit any offense against the United States * * * and one or more of such persons do any act to effect the object of the conspiracy, each shall be” guilty of criminal conspiracy under this statute. Although the indictment lists numerous overt acts done in pursuance to this conspiracy, it was only necessary under the express language of the statute for the jury to find that the appellant Sanders participated in the conspiracy and committed one overt act with the knowledge that it was in furtherance of some object or purpose of the conspiracy. We are of the opinion that appellant Sanders’ participation in his conspiracy was shown by enough evidence to warrant sending this part of the case to the jury. Jimmy Sisco, allegedly one of the participants in the scheme, testified that in March, 1965, he transported several cars in interstate commerce, including a 1964 Cadillac which he and Hickson had stolen in Mobile.2 Sisco then gave the details of the Alabama registration process described above.3 Sisco was asked how he learned this registration process, and he said he learned it through a conversation with appellant Sanders and Hickson, which conversation took place in Sanders’ trailer in Milton, Florida, in February, 1965, one month before he began stealing and transporting the cars.4 Certainly, the jury was entitled to conclude from this testimony that appellant Sanders conspired to carry out this scheme in the conversation which took place in his trailer. One of the overt acts listed in the indictment was the delivery of a 1964 Oldsmobile by Sanders and Hickson to Fred E. Wilson, which allegedly took place on or about March 16, 1965 in Jacksonville, Florida. Wilson testified that he was given a 1964 Oldsmobile around March 16, 1965, by Hickson and Sanders.5 This testimony constituted enough evidence of at least one overt act so that the jury was entitled to conclude that appellant Sanders was guilty of the conspiracy count.

Sanders was also convicted on two counts under 18 U.S.C. § 2313

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Bluebook (online)
416 F.2d 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-j-sanders-and-joseph-russell-buschkotter-v-united-states-ca5-1969.