U.S. v. Gualdado, 85-6061

• Citation: 794 F.2d 1533
• Decision Date: 28 July 1986
• Docket Number: No. 85-6061,85-6061
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Luis Gustavo GUALDADO, Domingo Fernandez, Francisco Morales, Defendants-Appellants. Non-Argument Calendar.
• Court: U.S. Court of Appeals — Eleventh Circuit

Page 1533

794 F.2d 1533

UNITED STATES of America, Plaintiff-Appellee, v. Luis Gustavo GUALDADO, Domingo Fernandez, Francisco Morales,

Defendants-Appellants.

No. 85-6061

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

July 28, 1986.

Bruce A. Zimet, Ft. Lauderdale, Fla., for Gualdado.

Robert D. Hertzberg, Amanda Maxwell, Miami, Fla., for Fernandez.

R. Jerome Sanford, Miami, Fla., for Morales.

Leon B. Kellner, U.S. Atty., Robert M. Lipman, Linda Collins-Hertz, Sonia Escobio O'Donnell, William T. Shockley, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

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

Before HILL and VANCE, Circuit Judges, and BROWN ^*, Senior Circuit Judge.

PER CURIAM:

Appellants Domingo Fernandez, Luis Gustavo Gualdado and Francisco Morales appeal their convictions of various crimes arising from their attempt to smuggle into this country a large quantity of cocaine. We affirm.

1. The evidence presented at trial was sufficient to support appellants' convictions on the conspiracy and substantive offenses. Evidence viewed in the light most favorable to the government indicates that appellants were transporting cocaine, valued at approximately one billion dollars, in a powerful racing boat capable of eluding many customs vessels. When initially observed by Customs officials appellants were operating under cover of darkness and without navigation lights. Appellants, with Morales at the helm, took evasive action after being approached by the Customs officials and continued their attempts to avoid capture even after these officials fired upon their boat. During the ensuing chase Fernandez and Gualdado discarded duffle bags, later determined to be filled with cocaine, from the boat and washed the storage area with gasoline, a practice commonly employed to obliterate traces or odor of cocaine. This evidence was sufficient to demonstrate each appellant's knowledge of a large amount of cocaine aboard the boat, the intent to smuggle that cocaine into this country, the existence of an agreement among and involving appellants regarding this enterprise, and appellants knowing or voluntary participation in furtherance of this illegal venture. See United States v. Cruz-Valdez, 773 F.2d 1541 (11th Cir.1985).

2. Appellants contend that there was insufficient evidence to support their convictions of assault with a deadly weapon arising from appellant Morales' attempts during the ensuing chase to ram a pursuing Customs vessel. The manner in which the boat was used clearly turned that vessel into a deadly weapon. "Almost any object which as used or attempted to be used may endanger life or inflict great bodily harm, or which is likely to produce death or great bodily injury, can in some circumstances be a 'dangerous weapon.' " United States v. Barber, 297 F.Supp. 917 (D.C.Del.1969). Appellants were traveling at high rates of speed when the attempted rammings occurred. Testimony was elicited that had Morales been successful he would have severely damaged the Customs vessel and posed a substantial danger to the lives of the personnel aboard, while because of the construction of appellants' vessel...