U.S. v. Bright, 76-1967

• Decision Date: 07 April 1977
• Docket Number: No. 76-1967,76-1967
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. William BRIGHT, Defendant-Appellant.
• Court: U.S. Court of Appeals — Fifth Circuit

Page 240

550 F.2d 240

UNITED STATES of America, Plaintiff-Appellee, v. William BRIGHT, Defendant-Appellant.

No. 76-1967.

United States Court of Appeals, Fifth Circuit.

April 7, 1977.

Denis Dean, Miami, Fla. (Court-appointed), for Bright.

Robert W. Rust, U.S. Atty., Michael P. Sullivan, John Steven Berk, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before MORGAN and FAY, Circuit Judges, and HUNTER ^*, District Judge.

FAY, Circuit Judge:

Defendant William Bright was indicted along with twelve others for conspiring to import marijuana in violation of 21 U.S.C. §§ 952(a) and 963. At the joint trial with two other co-defendants, the jury returned a verdict of guilty against all the defendants. This defendant was placed on three years probation. Two issues are raised here, the most important of which is whether the evidence was sufficient to warrant conviction. We agree with the defendant Bright that the evidence was insufficient to support the verdict, and, therefore, reverse.

The evidence presented at trial showed conclusively that a conspiracy to import marijuana did exist. The government established in detail the planning and actual importation of a large amount of marijuana from Colombia. At issue, however, is whether there was sufficient evidence presented to link this defendant to that conspiracy. The factual settings presented at trial are as follows:

1. The government's main witness, Ronald Bennett, testified that he met the defendant in February of 1974 while purchasing an airplane. Subsequently, in July of 1974, Bennett brought the plane back to Ft. Lauderdale, Florida to see if the defendant could sell or lease the plane for him. Thereafter, a number of phone calls were exchanged between the defendant and Bennett concerning the sale of the plane.

2. Bennett testified that on September 27, 1974 he had a phone conversation with the defendant at which time Bright told him that he had someone he wanted Bennett to meet. Bennett immediately traveled to Ft. Lauderdale, and was picked up by the defendant at the airport and taken to a motel. A few days later Bright told Bennett that the man he wanted Bennett to meet was in town and that he wanted to talk with Bennett about the plane. A man named Bob Godbold then came to Bennett's motel, introduced himself, and told Bennett that he wanted Bennett to fly some marijuana into the country. Godbold then gave Bennett $3500.00 to refurbish and equip his plane. The defendant was not present at this meeting. On October 7, 1974, Godbold called Bennett and told him the trip was cancelled. Godbold demanded that his $3500.00 be returned. Bennett agreed to return what was left of the $3500.00 to Godbold. This money was sent to Godbold by way of the defendant.

3. On November 1, 1974, the defendant again called Bennett and informed him that Godbold "had made another connection" and that Godbold wanted him back in Florida. On Bennett's arrival, the defendant told Bennett that Godbold would be in touch with him.

4. Bennett testified that the defendant was not supposed to receive any money directly from Jerry Carroll (the alleged "ringleader" of the conspiracy) for this operation, but that he was supposed to get $10,000.00 for his help in having mechanical work done and fuel tanks installed.

5. On February 2, 1975, six days after government officers had thwarted the conspiracy, the defendant sold Bennett's plane for him at a $5000.00 profit. The defendant received a $1,000.00 commission for this sale.

The essential elements of a criminal conspiracy are an agreement among the conspirators to commit an offense against the United States attended by an overt act of one of them in furtherance of the agreement. United States v. Issacs, 516 F.2d 409 (5th Cir. 1975); United States v. Reynolds, 511 F.2d 603 (5th Cir. 1975). While no direct evidence or formal agreement is necessary to establish a conspiracy, Hamling v. United States, 418 U.S. 87, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974), there must be proof beyond a reasonable doubt that a conspiracy existed, that the accused knew it, and with that knowledge intentionally joined that conspiracy. United States v. Barrera, 547 F.2d 1250, No. 76-1451 (5th Cir. 1977); Causey v. United States, 352 F.2d 203 (5th Cir. 1965).

The legal tests to apply in determining whether the acts are sufficient to sustain a verdict have recently been set forth by this Court. United States v. Barrera, 547 F.2d 1250, No. 76-1451 (5th Cir. 1977). In a criminal case, the government must prove every element of the offense beyond a reasonable doubt. In this respect, circumstantial evidence is intrinsically no different from direct evidence, Holland v. United States, 348 U.S. 121, 140, 75 S.Ct. 127, 137, 99 L.Ed. 150 (1954), and the same test for judging the sufficiency of the evidence should apply whether the evidence is direct or circumstantial. United States v. Gomez-Rojas, 507 F.2d 1213 (5th Cir. 1975); United States v. Warner, 441 F.2d 821 (5th Cir. 1971). In testing the sufficiency of the evidence in this case, it was the duty of the trial judge, before sending the case to the jury, to determine whether a reasonably minded jury must necessarily entertain a reasonable doubt about the evidence. United States v. Haggins, 545 F.2d 1009 (5th Cir. 1977). While Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942), requires us to examine the evidence in the light most...