Sanders v. United States
Citation | 416 F.2d 194 |
Decision Date | 06 October 1969 |
Docket Number | No. 25932.,25932. |
Parties | William J. SANDERS and Joseph Russell Buschkotter, Appellants, v. UNITED STATES of America, Appellee. |
Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Brooks Taylor, Crestview, Fla., Dan H. Stubbs, Jr., Jacksonville, Fla., Douglas Andrews, DeFuniak Springs, Fla., for appellant.
Joseph W. Hatchett, Asst. U. S. Atty., Jacksonville, Fla., Edward F. Boardman, U. S. Atty., Middle District of Florida, for appellee.
Before TUTTLE and GEWIN, Circuit Judges, and COMISKEY, District Judge.
Rehearing Denied and Rehearing En Banc Denied October 6, 1969.
Appellants, William J. Sanders and Joseph Russell Buschkotter, were convicted of several counts of selling and disposing 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 One of these continuances was granted on motion of defendant Buschkotter, whose attorney had withdrawn at the last moment.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). 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 Hickson 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 February, 1965, after being told by one Fred E. Wilson that he could purchase late model automobiles for $1500.00 each. Buschkotter said he was interested in buying such cars and asked to be introduced to Sanders and his associates. In February, 1965, Buschkotter 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 Buschkotter 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 "if 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 ...
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