United States v. Gonzalez
441 F. App'x 31
2d Cir.2011Background
- Convicted defendants Richardson and Williams appeal after jury trial on Hobbs Act conspiracy and related weapon offenses; district court denied suppression of evidence obtained from a warrantless arrest and subsequent car search; police relied on a confidential informant tip with corroboration by surveillance and observed defendant behavior near Media Plaza; observed behaviors included casing of the store, car movements, and flight upon contact; car contained gloves and other paraphernalia linking occupants to the planned robbery; appellate court affirms district court’s rulings and sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probable cause supported arrests and vehicle search | Richardson and Williams contend lack of probable cause for arrest and search | Richardson/Williams rely on informant unreliability and insufficient corroboration | Probable cause found; suppression denied |
| Sufficiency of evidence for 924(c) liability under Pinkerton theory | Government argues co-conspirator conduct makes 924(c) counts valid | Defendants challenge as to foreseeability of co-conspirator gun use | Sufficient evidence for Pinkerton liability; affirm on that basis |
| Sufficiency of evidence for attempted robbery | Evidence showed intent and steps toward robbery | Defense argues lack of substantial step | Evidence shown substantial step; sufficient for attempted robbery |
| Nexus to interstate commerce for Hobbs Act conviction | Store stocked foreign televisions; interstate commerce affected | Minor effect on commerce insufficient | De minimis but sufficient nexus established |
| Jury instruction on corroboration of cooperating witness Franco | No plain error; instruction adequate | Instruction flawed or prejudicial | Instruction sufficient; no plain error |
Key Cases Cited
- United States v. Gaskin, 364 F.3d 438 (2d Cir. 2004) (probable cause for automobile searches and searches incident to arrest; standards applied)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances search based on informant tips)
- Brinegar v. United States, 338 U.S. 160 (1949) (probable cause standard for arrests)
- Arizona v. Gant, 129 S. Ct. 1710 (2009) (vehicle search after arrest permissible if reasonable for evidence)
- United States v. Masotto, 73 F.3d 1233 (2d Cir. 1996) (Pinkerton liability for co-conspirators’ substantive offenses)
- Draper v. United States, 358 U.S. 307 (1959) (informant reliability may be established by corroboration)