U.S. v. Coyle, s. 92-2300

• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)
• Citation: 988 F.2d 831
• Docket Number: Nos. 92-2300,92-2630,s. 92-2300
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Neil Virgil COYLE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Mark Edward SWEDZINSKI, Defendant-Appellant.
• Decision Date: 13 April 1993

Page 831

988 F.2d 831 UNITED STATES of America, Plaintiff-Appellee,
v.
Neil Virgil COYLE, Defendant-Appellant.
UNITED STATES of America, Plaintiff-Appellee,
v.
Mark Edward SWEDZINSKI, Defendant-Appellant. Nos. 92-2300, 92-2630. United States Court of Appeals,
Eighth Circuit. Submitted Nov. 9, 1992.
Decided March 15, 1993.
Rehearing and Rehearing En Banc Denied April 13, 1993.

Page 832

Virginia G. Villa, Minneapolis, MN, argued (Scott F. Tilsen and Virginia G. Villa, on the brief), for Neil Virgil Coyle.

John P. Sheehy, Minneapolis, MN, argued (John P. Sheehy and Daniel C. Guerrero on the brief), for Mark Edward Swedzinski.

Nathan P. Petterson, Minneapolis, MN, argued (Thomas B. Heffelfinger and Nathan P. Petterson on the brief), for U.S.

Before JOHN R. GIBSON and MAGILL, Circuit Judges, and VAN SICKLE, ^* Senior District Judge.

JOHN R. GIBSON, Circuit Judge.

Coyle and Swedzinski appeal their convictions for aiding and abetting and conspiracy to grow marijuana. Swedzinski also appeals his conviction for carrying a firearm in relation to the drug offense. Coyle raises an insufficiency of evidence argument and Swedzinski argues that the district court ¹ erred in refusing to instruct the jury on intent. We affirm the convictions.

On September 20, 1991, agents of the Minnesota Bureau of Criminal Apprehension discovered a plot of cultivated marijuana in Lincoln County, Minnesota. The agents placed the area under surveillance and, on September 23, 1991, observed Swedzinski enter the plot and inspect the marijuana plants. The agents arrested Swedzinski, who was carrying a loaded .22-caliber pistol in a holster. The agents found that the plot contained 178 cultivated marijuana plants, and had been "booby trapped" with strands of barbed wire and camouflaged pitchfork heads.

The BCA agents then searched the homes of Swedzinski and Coyle. At Swedzinski's home, they found small marijuana plants, a book entitled "Marijuana Growers Guide," two firearms, a small scale, and fluorescent lights. On Coyle's property, they found numerous small marijuana plants under a timed lighting system, bags of processed marijuana, marijuana residue, a digital scale, plant food, books containing information on marijuana growing, three firearms, and photographs of Coyle displaying marijuana. Coyle arrived during the search, was arrested, and was carrying $1,269 cash. The search of Coyle's van revealed rolling papers, a roach clip, and three pitchforks.

Both Coyle and Swedzinski were charged with one count of manufacturing marijuana plants in violation of 21 U.S.C. § 841 (1988) and 18 U.S.C. § 2 (1988). The men were also charged with one count of conspiracy to manufacture 100 or more marijuana plants in violation of 21 U.S.C. § 846 (1988). Swedzinski was charged with carrying a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1) (1988). A jury found both men guilty on all counts.

I.

Coyle argues that there was insufficient evidence to establish that he either aided or abetted in the manufacture of marijuana plants or conspired with Swedzinski in the manufacture of marijuana plants. The standard of review for sufficiency of evidence is very clear:

Page 833

In reviewing the sufficiency of the evidence to support a guilty verdict, we look at the evidence in the light most favorable to the verdict and accept as established all reasonable inferences supporting the verdict. We then uphold the conviction only if it is supported by substantial evidence.

United States v. Plenty Arrows, 946 F.2d 62, 64 (8th Cir.1991) (citations omitted); see also Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942). ²

The physical evidence seized at Coyle's home and introduced at trial...