United States v. Angel Gebbia Marquez, Jr.

Appellant, Angel Gebbia Marquez, Jr., and several other persons, were convicted of possessing goods (704 television sets) stolen from a foreign shipment of freight, knowing the same to have been stolen. 18 U.S.C. § 659 .

Neither of his contentions has merit.

1. The record contains substantial evidence to support the jury’s implied finding that Marquez had possession of the stolen goods: he not only actively participated in negotiating the sale of the sets to the government undercover agent, including the fixing of the price, but he also arranged for their delivery and gave directions to the truck drivers where to take them.

This dominion and control over the goods was sufficient to constitute constructive possession and bring him within the purview of the statute. United States v. Cousins, 427 F.2d 382 (9th Cir. 1970).

2. If the jury had concluded that Marquez’ possession of the sets had not been established and that he had merely assisted others who in fact possessed and exercised the power of dominion and control over them, then, of course, no basis would have existed for an inference that Marquez knew the sets were stolen and a finding of his guilt as one who “abets” [ 18…