United States v. Marcus Monteiro Albuquerque and Thomas Vincent Radice

Marcus Monteiro Albuquerque and Thomas Vincent Radice appeal from a judgment *278 convicting them of interstate transportation of a vehicle knowing it to be stolen, in violation of 18 U.S.C. § 2312 .

On December 17, 1974 defendants were stopped in Los Angeles, California, by police officers. The automobile in which defendants were riding had been reported stolen in Newark, New Jersey, on December 2, 1974 by the owner who had left the keys in the ignition. When stopped by arresting officers each defendant used an alias, and both admitted upon questioning that they drove the automobile from New Jersey to California. At the trial a police officer testified that both later admitted that they knew the car had been stolen.

When defendants were arrested, electrical bypass wires, electrical tape and a screwdriver were taken from the car. At trial, these items were offered into evidence and, over defendants’ objections, were admitted subject to a limiting instruction that they were received not as evidence of any guilt of defendants as to the theft, but for the sole purpose of determining their intent and knowledge.

To sustain a conviction of interstate transportation of a…

(specially concurring):

I would prefer to hold that the “hot-wiring” kit was evidence from which a jury could draw an inference of scienter on the part of the defendants. Individuals possessing such tools and riding around in stolen cars assume a risk that jurors will draw invidious inferences from those facts. I would say there was no error, rather than that the error was nonprejudicial. I would agree, however, if there was error, it was of no moment, and would affirm.

538 F.2d 277 UNITED STATES of America, Plaintiff-Appellee, v. Marcus Monteiro ALBUQUERQUE and Thomas Vincent Radice, Defendants-Appellants. Nos. 75-1980, 75-1981. United States Court of Appeals, Ninth Circuit. July 6, 1976. 1 William D. Keller, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee. 2 Robert M. Talcott, Los Angeles, Cal., for defendants-appellants in No. 75-1980. 3 Alexander Loebig, Federal Public Defender, Hollywood, Cal., for defendants-appellants in No. 75-1981. OPINION 4 Before SMITH, * and GOODWIN, Circuit Judges, and WILLIAMS, ** District Judge. WILLIAMS, District Judge: 5 Marcus Monteiro Albuquerque and Thomas Vincent Radice appeal from a judgment convicting them of interstate transportation of a vehicle knowing it to be stolen, in violation of 18 U.S.C. § 2312 . 6 On December 17, 1974 defendants were stopped in Los Angeles, California, by police officers. The automobile in which defendants were riding had been reported stolen in Newark, New Jersey, on December 2, 1974 by the owner who had left the keys in the ignition. When stopped by arresting officers each defendant used an alias, and both admitted upon questioning that they drove the automobile…