U.S. v. Crouch, s. 94-1939

• Citation: 46 F.3d 871
• Decision Date: 06 February 1995
• Docket Number: Nos. 94-1939,94-2383,s. 94-1939
• Parties: UNITED STATES of America, Appellee, v. Dennis M. CROUCH, Appellant. UNITED STATES of America, Appellee, v. Charles J. MANDACINA, also known as Buddy Mandacina, Appellant.
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)

Page 871

46 F.3d 871

UNITED STATES of America, Appellee, v. Dennis M. CROUCH, Appellant.

UNITED STATES of America, Appellee, v. Charles J. MANDACINA, also known as Buddy Mandacina, Appellant.

Nos. 94-1939, 94-2383.

United States Court of Appeals,

Eighth Circuit.

Submitted Nov. 14, 1994.

Decided Feb. 6, 1995.

Rehearing Denied in No.

94-1939 March 17, 1995.

Rehearing and Suggestion for Rehearing En Banc Denied in No.

94-2383 March 29, 1995.

Kevin E.J. Regan, Kansas City, MO, argued, for Crouch.

Stephen Girard Mirakian, Kansas City, MO, argued (Cheryl A. Pilate, on the brief), for Mandacina.

Paul S. Becerk, Asst. U.S. Atty., Kansas City, MO, argued, for appellee.

Before FAGG, WOLLMAN, and HANSEN, Circuit Judges.

FAGG, Circuit Judge.

This case arises from gun sales by Dennis M. Crouch and Charles J. Mandacina to a group of three men who robbed banks together: Thomas Earlywine, Terrence Dodds, and Patrick McGuire, a formerly convicted felon. Based on the sales, a jury convicted Crouch and Mandacina of conspiracy to commit armed robbery. The jury found Crouch not guilty of other charges, but found Mandacina guilty of aiding and abetting firearm sales to a convicted felon, aiding and abetting two armed bank robberies in Oklahoma and Nebraska, aiding and abetting the use of firearms during the Oklahoma and Nebraska robberies, and supplying a firearm to a convicted felon. Crouch and Mandacina appeal their convictions, and Mandacina also appeals his sentence. We affirm.

Viewing the evidence and the reasonable inferences from the evidence in the light most favorable to the verdict, a jury could reasonably find the following facts. Mandacina, the owner of a restaurant in Kansas City, began selling guns to McGuire and Earlywine in 1987. Mandacina knew McGuire and Earlywine were using the guns to commit robberies. Dodds, McGuire's brother-in-law, joined the two robbers in July 1989. McGuire developed a master plan for robbing banks and the three men began to commit bank robberies across the country using guns supplied by Mandacina. The robbers returned to Kansas City whenever they needed more guns. In January 1990 a woman named Brock DeCastrogiovannimausolf (Brock) introduced McGuire to her boyfriend Crouch, who owned a gun shop in Kansas City. Crouch initially refused to sell guns to McGuire. After Mandacina's cousin intervened on McGuire's behalf, however, Crouch sold McGuire some guns. Following the sale, Crouch warned Brock not to associate with McGuire because he was a bank robber and a murderer. A few days later, the robbers robbed a bank in Omaha, Nebraska using a gun they obtained from Crouch. In August 1990 Mandacina loaned the robbers a gun and money to finance a trip for another bank robbery. After robbing a bank in Warr Acres, Oklahoma with Mandacina's gun, the robbers returned to Kansas City, gave back the gun, repaid the loan, and paid Mandacina several thousand dollars as his share of the robbery proceeds. The robberies continued until December 1990 when McGuire and Dodds were arrested during a bank robbery.

Crouch first asserts the evidence was insufficient to support his conspiracy conviction. To convict a defendant of conspiracy, the Government must show there was an agreement to achieve an illegal purpose, the defendant knew of the agreement, and the defendant intentionally joined the conspiracy. United States v. Agofsky, 20 F.3d 866, 870 (8th Cir.), cert. denied, --- U.S. ----, 115 S.Ct. 280, 130 L.Ed.2d 196, and cert. denied, --- U.S. ----, 115 S.Ct. 363, 130 L.Ed.2d 316 (1994). Crouch asserts he lacked the necessary knowledge of the agreement and intent to join the agreement. According to Crouch, evidence of his single sale of guns to McGuire in January 1990 is not enough to show he intentionally joined an agreement to supply guns for robberies carried out between January 1987 and March 1992, the conspiracy's time frame as charged in the indictment. We reject Crouch's assertions.

A person intentionally joins a conspiracy when the person knowingly contributes efforts in furtherance of the conspiracy's objectives. United States v. Burchinal, 657 F.2d 985, 990 (8th Cir.), cert. denied, 454 U.S. 1086, 102 S.Ct. 646, 70 L.Ed.2d 622 (1981). A person may join a conspiracy after its inception when, with knowledge of the conspiracy's existence, the person sells conspirators supplies necessary for the conspiracy's operation. See id. n. 2; see also United States v. Montanye, 962 F.2d 1332, 1341 (8th Cir.1992) (delivery of glassware necessary for methamphetamine laboratory sufficient to support conviction for conspiracy to manufacture methamphetamine), on reh'g in part, 996 F.2d 190 (1993) (en banc). Based on Crouch's warnings to Brock about McGuire and Crouch's discussions with Mandacina's cousin before the January 1990 gun sale, the jury could reasonably infer Crouch knew of the conspiracy to commit robberies and intentionally joined the conspiracy by selling McGuire guns.

Crouch and Mandacina assert the evidence showed multiple conspiracies to commit armed robberies rather than the single conspiracy charged because the robbers testified each robbery was separately planned. Crouch and Mandacina assert this variance between the evidence and the indictment prejudiced them. In reviewing these assertions, we must decide whether the totality of the evidence showed one overall agreement to achieve a common objective with individuals performing different functions, or more than one agreement, each with a separate objective. United States v. Davis, 882 F.2d 1334, 1342 (8th Cir.1989), cert. denied, 494 U.S. 1027, 110 S.Ct. 1472, 108 L.Ed.2d 610 (1990). Viewing the evidence in the light most favorable to the verdict, United States v. Adipietro, 983 F.2d 1468, 1475 (8th Cir.1993), a reasonable jury could find one overall agreement to commit armed robberies with the conspirators performing different functions. McGuire, Earlywine, and Dodds participated in the robberies, and Mandacina and Crouch provided the necessary guns. Because the evidence showed a single conspiracy, we reject Crouch's related contention that the district court should have instructed the jury on multiple conspiracies. Davis, 882 F.2d at 1341-42.

Crouch next contends the district court abused its discretion in denying cross-examination of Earlywine about murder charges that would have been filed against him if he had not cooperated with the Government. Because Earlywine was cross-examined extensively about other possible penalties for his failure to cooperate, the district court did not abuse its discretion in refusing more cross-examination along the same lines. See United States v. Smith, 49 F.3d 362, 365 (8th Cir.1995). The jury could appropriately draw inferences about Earlywine's reliability from the permitted cross-examination. See id.

Crouch also contends the district court erroneously admitted evidence of his earlier illegal gun sales to indicted persons during the Government's case-in-chief. The district court admitted the evidence under Federal Rule of Evidence 404(b) to show Crouch's...