United States v. Jon Darrell Stauffer

922 F.2d 508 UNITED STATES of America, Plaintiff-Appellee, v. Jon Darrell STAUFFER, Defendant-Appellant. No. 89-10581. United States Court of Appeals, Ninth Circuit. Submitted Sept. 14, 1990 * . Decided Dec. 21, 1990. 1 Meridith J. Watts, San Francisco, Cal., for defendant-appellant. 2 Matthew B. Pavone, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee. 3 Before FARRIS and THOMPSON, Circuit Judges, and MUECKE, District Judge. ** MUECKE, District Judge: 4 Jon Darrell Stauffer appeals his conviction for conspiracy to distribute drugs, interstate transporation in aid of a racketeering enterprise, and collection of extensions of credit by extortionate means. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 5 Defendant/Appellant, Jon Darrell Stauffer, was prosecuted as a peripheral participant in a drug ring headed by Richard Stuart Wallstrum. The Government charged Stauffer with four counts of an eight count indictment. Count One charged a conspiracy to possess with intent to distribute, and distribution of cocaine. 21 U.S.C. Sec. 846 ("the drug distribution count"). Count Two charged a conspiracy to use extortionate means to collect an extension of credit from an individual…

Jon Darrell Stauffer appeals his conviction for conspiracy to distribute drugs, interstate transporation in aid of a racketeering enterprise, and collection of extensions of credit by extortionate means. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant/Appellant, Jon Darrell Stauf-fer, was prosecuted as a peripheral participant in a drug ring headed by Richard Stuart Wallstrum. The Government charged Stauffer with four counts of an eight count indictment. Count One charged a conspiracy to possess with, intent to distribute, and distribution of cocaine. 21 U.S.C. § 846 (“the drug distribution count”). Count Two charged a conspiracy to use extortionate means to collect an extension of credit from an individual in Hawaii. 18 U.S.C. § 894 (“the Hawaii extortion count”). Count Three charged travel in interstate commerce to carry out the charged Hawaii extortion scheme. 18 U.S.C. § 1952 (“the travel count”). Finally, Count Six charged a conspiracy to use extortionate means to collect an extension of credit from an individual in Nevada. 18 U.S.C. § 894 (“the Nevada extortion count”).

The basis for the interstate travel charge contained in Count Three stems from Wallstrum having…

concurring:

I concur in the result reached by the majority opinion.