Foster-Torres

United States v. Foster-Torres

Good Law
40 F. App'x 528
United States Court of Appeals for the Ninth CircuitJune 17, 2002No. 01-50517; D.C. No. CR-00-02564-IEG-03California983 words

Opinion

Lead Opinion

MEMORANDUM *

Cornelio Thomas Foster-Torres appeals his conviction and sentence after jury trial of conspiracy to unlawfully deal in firearms, in violation of 18 U.S.C. §§ 371 , 922(a)(1)(A) and 924(A). We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , 1294(1), and we affirm.

Foster-Torres first argues that the Government presented insufficient evidence to prove that he was guilty of conspiring with Gabriel Martinez-Ramirez and Adolfo Maciel Carillo to “knowingly engage in the business of dealing in firearms without being licensed to do so” because there was nothing linking him to Carillo. “A conspiracy is an agreement to accomplish an illegal objective, coupled with one or more overt acts in furtherance of the illegal purpose and the requisite intent necessary to commit the underlying substantive offense.” United States v. Bibbero, 749 F.2d 581, 587 (9th Cir.1984) (internal quotation marks and citation omitted). The test for whether a single conspiracy existed, as opposed to multiple conspiracies, “is whether there was one overall agreement to perform various functions to achieve the objectives of the conspiracy.” United States v. Arbelaez, 719 F.2d 1453, 1457 (9th Cir.1983)…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.