U.S. v. Newton, 84-1329

• Citation: 756 F.2d 53
• Decision Date: 27 February 1985
• Docket Number: No. 84-1329,84-1329
• Parties: UNITED STATES of America, Appellee, v. Raymond Jesse NEWTON, Appellant.
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)

Page 53

756 F.2d 53

UNITED STATES of America, Appellee, v. Raymond Jesse NEWTON, Appellant.

No. 84-1329.

United States Court of Appeals,

Eighth Circuit.

Submitted Sept. 14, 1984.

Decided Feb. 27, 1985.

L. Patrick O'Brien, Kansas City, Mo., for appellant.

A. Mary Sterling, Asst. U.S. Atty., Kansas City, Mo., for appellee.

Before HEANEY, ROSS and BOWMAN, Circuit Judges.

HEANEY, Circuit Judge.

Raymond Jesse Newton appeals from a final district court ¹ judgment entered after a jury verdict finding him guilty of intentionally aiding and abetting the interstate transportation of a falsely made, forged and counterfeited security in violation of 18 U.S.C. Secs. 2314 and 2 (1982). For reversal, Newton argues that the evidence is insufficient to support the conviction. We affirm.

In reviewing the sufficiency of the evidence to support a criminal conviction, we view the evidence in the light most favorable to the government, resolve evidentiary conflicts in favor of the government, and accept as established all reasonable inferences that may logically be drawn from the evidence. United States v. Resnick, 745 F.2d 1179, 1185 (8th Cir.1984). Although the evidence must be consistent with guilt, it need not be inconsistent with every other reasonable hypothesis. Klein v. United States, 728 F.2d 1074, 1075 (8th Cir.1984). Circumstantial evidence is intrinsically as probative as direct evidence and may be the sole support for a conviction. Id.

Newton admits that in June, 1983, a counterfeited and forged cashier's check was transported from Kansas to Missouri and used to defraud a bank of large sums of money, but argues that there is insufficient evidence that he intentionally aided and abetted this scheme. We disagree because we find the evidence fully supports the jury's verdict that Newton intentionally associated himself with the fraudulent venture, intentionally took action to assure its success, and collected his share of its proceeds.

Our review of the evidence adduced at trial reveals the following facts. In June, 1983, Brand Marcus Montgomery approached Robert Cullen and asked him to open a bank account and deposit a $25,000 cashier's check, which later proved to be counterfeited and forged. Thereafter, Newton asked his friend Cullen whether he was going to deposit the check. Cullen understood that for his participation he would be given up to $10,000 to purchase a car.

In furtherance of the scheme, Newton, Montgomery and Cullen went to the Centerre Bank in Kansas City, Missouri, where Cullen opened a checking account in his name with $100 in cash. For his address on the bank account, Cullen used Newton's mother's address of 3833 Wabash Avenue, Kansas City, Missouri 64130. After opening the account, Cullen returned to the car where Newton and Montgomery were waiting. Later that afternoon, Montgomery brought the counterfeited and forged $25,000 check to Cullen's home. Montgomery and Cullen then drove to pick up Newton in Kansas City, Kansas, and returned to the Centerre Bank in Kansas City, Missouri, where Cullen deposited the counterfeited and forged $25,000 cashier's check drawn on the People's Mercantile Bank of Kansas City, Missouri.

Newton, Cullen and Montgomery then went shopping for cars at Hal Quinn Buick and Underwriter's Sales Company. At Hal Quinn Buick, Cullen purchased a Buick Riviera with a $9,500 check drawn on the newly opened account. Cullen apparently tried to use Newton's mother's address of 3833 Wabash, but instead wrote 3837 Wabash, Kansas City, Missouri.

The next morning, Cullen, acting upon Montgomery's request, returned to the Centerre Bank and withdrew $5,000 in cash and a $7,000 cashier's check. Cullen then met Montgomery and Newton and gave them the $12,000. Later that day, an...