U.S. v. Buck, 33
| Citation | 804 F.2d 239 |
| Decision Date | 03 November 1986 |
| Docket Number | No. 33,D,33 |
| Parties | UNITED STATES of America, Appellee, v. Marilyn BUCK, Defendant-Appellant. ocket 86-1200. |
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
James L. Kainen, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty. for the S.D. of N.Y., Kenneth Roth, Asst. U.S. Attorney, New York City, on the brief), for appellee.
Judith L. Holmes, New York City (Jill Elijah, Holmes & Tipograph, New York City, on the brief), for defendant-appellant.
Before MANSFIELD, KEARSE, and WINTER, Circuit Judges.
Defendant Marilyn Buck appeals from a judgment entered in the United States District Court for the Southern District of New York after a jury trial before Robert L. Carter, Judge, convicting her, as a previously convicted felon, on one count of transporting a firearm and ammunition in interstate commerce in violation of 18 U.S.C. Sec. 922(g) (1982). Buck was sentenced to five years' imprisonment, to be served consecutively to sentences previously imposed on her in connection with other crimes. On appeal, Buck contends that the evidence at trial was insufficient to establish that she had transported the weapon and ammunition, found in her possession at the time of her arrest, across a state line. We disagree and affirm the judgment of conviction.
Buck was arrested along with one Linda Sue Evans on May 11, 1985, in Dobbs Ferry, New York. At the time of her arrest Buck was carrying a fully loaded and operable .38 caliber revolver in her handbag. At trial, the government sought to prove Buck's interstate transportation of the weapon through (1) the testimony of agents of the Federal Bureau of Investigation and the New York City Police Department Joint Terrorist Task Force recounting their surveillance of Buck during the twenty-four hours immediately preceding her arrest, and (2) a letter written by Buck following her arrest, describing her activities during the period preceding her arrest.
Surveillance agents first sighted Buck, known to be a fugitive, in Baltimore, Maryland, on May 10, 1985, and followed her and Evans as they traveled by car through Delaware and New Jersey to an apartment in the Bronx, New York. After remaining there for approximately one hour, Buck and Evans left at about 6:00 p.m. and drove to a shopping center in Golden's Bridge, New York. Their route took them through a section of Connecticut.
At the shopping center Buck briefly visited a drug store and then returned to the car. Buck and Evans then drove circuitously around residential blocks, stopping occasionally at the side of the road. At approximately 9:00 p.m., the agents lost track of Buck and Evans between the Katonah, New York train station and Pleasantville, New York. The agents relocated the car, with Buck and Evans in it, in a McDonald's parking lot some 20-30 minutes later and followed them to a Friendly's lot across the street. At about 10:30, Buck and Evans left the Friendly's lot and resumed their circuitous driving, stopping once at a gas station where they spoke to the attendant. Near midnight they stopped briefly in a Grand Union supermarket parking lot in Dobbs Ferry, then continued to a nearby Mobil gas station. There, both exited the car and Buck went into the building while Evans talked to the attendant. Buck and Evans then drove to a side street by the Grand Union, parked the car, and, after removing a bag from the trunk, Evans went into the supermarket. When Evans came out she signaled Buck, who joined her at the entrance. Evans then made a call from a telephone booth, went into the supermarket again, returned and made another phone call. Buck was observed receiving two phone calls.
At about 1:00 a.m. on May 11, Buck and Evans drove into a parking lot near the Inn Town Motel in Ardsley, New York, and parked. They then escaped surveillance for approximately 1 1/2 hours until the agents discovered that they had registered at the motel shortly after parking. The agents thereafter watched the car and the motel.
At approximately 9:30 a.m. the following morning, Buck and Evans left the motel. They were followed to Dobbs Ferry and there were arrested. At the time of her arrest, Buck was carrying a handbag that the agents had seen in her possession throughout their surveillance; inside it was the revolver, wrapped in a towel bearing the legend "Inn Town Motel."
On the day after her arrest, Buck wrote an approximately 1000-word letter, later seized during a search incident to the arrest of one Alan Berkman, that recounted activities and perceptions of Buck and Evans from the time of their departure from the Bronx at 5:50 p.m. on May 10 until their arrest in Dobbs Ferry the next morning. The letter, bearing the heading "I Detailed sequence of events II Possible ways of how got to us III Traces" (emphasis in original), includes descriptions of events in particular time periods. For example, Buck described their arriving at "H" at 6:50; driving around the parking lot once to look for a car; observing particular vans and cars in the lot; driving over a bridge to the railroad station; passing other cars as they drove; returning to the parking lot to get film at a store; leaving the lot; returning again and parking at the far end of the lot; going to check out a brush area; noticing that certain cars were still where they had been seen before; noticing a man leave his car and enter a pharmacy where he used the telephone; observing youths walking down a path and over a fence; observing a previously observed car circle the lot and stop periodically, etc., all prior to 7:50.
The letter described events occurring at and after 8:19 p.m. as follows:
8:19 I got up from sitting on steps and left. Left to drive accross [sic] bridge and down to 22N to ascertain if could see people on stairs. Yes. Also that W# 1 [previously identified in the letter as a "white/maroon hardtop car"] was no longer next to V# 2 [previously identified in the letter as a blue van] As we pulled around curve to go to 22N W# 1 turned off 22 onto street going to 138. As passed he looked at us. ( [c.] 8.23) We left on 22N. A car [came?] behind us turned off to R before bar. As passed bar on L side of road a maroon car pulled out behind us. I thought that surely we were being followed (Now was complet. dark) Turned L at Purdy's went past entrances to Hiway & took 1st R into driveway/lane. Maroon car passed and made next R. T thought was man & woman in car. We turned out back onto hiway--S. Maroon did not pull out after us. As went S. 2 cars behind (coming from N not from same exit) pulled off road. We got off Katonah. One car got off [w/] us. Blue sporty Amer. car. We turned L he went R. Thought probably was not a tail at that time, as drove around area and did not pick up or see anyone else. Then proceeded S. on main str. (138) to S. Mill--S. Got off at Pleasantville. Drove around. Did not seem to be followed[.] After rejecting McD's as too busy we went into a Friendly lot to discuss sit.
In the Friendly's lot, Buck
saw 2 men sitting in brown Toyota Honda. Had not seen them pull into lot after us so could not be sure if came before or after. We sat and discussed events to make collect decision. We agreed that while did not seem were being followed and that perhaps some of cars were coincidences we didn't know if the activity was around us or if was something diff. I posited that maybe had drawn a tip 2 weeks earlier but didn't get plate #. Agreed that 1 possibility, that we might have walked into something else....
Later the letter stated:
Found good safe parking in D. Ferry. Then tried to get a cab. I cleaned car again including finding in trunk an oil receipt from Md in bag of oil cans which I threw out [w/] other garbage in Grand Union lot. Now was 12:10 waited for a cab for 15 min.
(Emphasis in original.) After being informed at 12:30 a.m. that the cab was off duty, Buck and Evans
The letter next detailed the events of the following morning. It began with Buck and Evans looking around their car, seeing nothing odd, and driving to Dobbs Ferry; continued with their observations of particular cars; and ended with their arrests. Involved in the arrests were a maroon car, a blue van, and a brown car driven by one of the men Buck had seen in the brown car in the Friendly's parking lot.
Buck's letter made no mention of their having acquired a weapon during the trip.
Section 922(g) of 18 U.S.C. makes it unlawful ...
To continue reading
Request your trial
-
U.S. v. Canady
...from the inferences reasonably drawn, the fact finder might fairly have found guilt beyond a reasonable doubt, see United States v. Buck, 804 F.2d 239, 242 (2d Cir.1986); United States v. Taylor, 464 F.2d 240, 244-45 (2d Cir.1972). These principles apply whether the evidence being reviewed ......
-
U.S. v. Maldonado-Rivera
...v. Chang An-Lo, 851 F.2d 547, 553 (2d Cir.), cert. denied, 488 U.S. 966, 109 S.Ct. 493, 102 L.Ed.2d 530 (1988); United States v. Buck, 804 F.2d 239, 242 (2d Cir.1986); United States v. Esdaille, 769 F.2d 104, 108 (2d Cir.), cert. denied, 474 U.S. 923, 106 S.Ct. 258, 88 L.Ed.2d 264 (1985); U......
-
U.S. v. Concepcion
...might fairly have concluded guilt beyond a reasonable doubt, United States v. Labat, 905 F.2d 18, 22 (2d Cir.1990); United States v. Buck, 804 F.2d 239, 242 (2d Cir.1986). Where there are conflicts in the testimony, we must defer to the jury's resolution of the weight of the evidence and th......
-
U.S. v. Reifler
...might fairly have concluded guilt beyond a reasonable doubt, see, e.g., United States v. Hamilton, 334 F.3d at 179; United States v. Buck, 804 F.2d 239, 242 (2d Cir.1986). "We defer to the jury's determination of the weight of the evidence and the credibility of the witnesses, and to the ju......