United States v. Graham Johnny Cruz

Appellant was indicted, tried by a jury, and convicted of conspiracy in violation of 18 U.S.C. § 371 as charged in Count One and illegal exportation of firearms in violation of 22 U.S.C. § 401 and § 1934 and 18 U.S.C. § 2 , as charged in Count Three of the indictment. We affirm.

BACKGROUND

Appellant was the owner of GunCo Enterprises, a merchandising establishment doing business in San Diego. Coconspirator Guevara was the manager of GunCo. Co-defendant Bailey was an individual who wished to sell his gun collection. Bailey was granted a severance upon agreement to testify for the government.

Even briefly summarized, the evidence against appellant is substantial. Special Agent Wolf of the Bureau of Alcohol, Tobacco and Firearms [ATF] met appellant at GunCo when he issued him a Federal Firearms License. At this time, the record keeping requirements of a licensee were explained by Wolf to appellant and the latter acknowledged he understood them. On a later visit, Wolf informed appellant that it would be a violation to sell guns outside the business premises or to a citizen of Mexico.

A few weeks later, on March 26, 1974, Pina-Lopez, an officer in the Mexican Army, working…