United States v. Karl Scott
892 F.3d 791
| 5th Cir. | 2018Background
- Scott recruited drivers (Randle and later Cane) to transport large quantities of marijuana through the Falfurrias Border Patrol checkpoint; both runs were intercepted and arrested.
- Randle's July 8 attempt yielded 45.35 kg; Cane's August 22 attempt yielded 175.46 kg; combined net weight alleged for the conspiracy was 220.81 kg.
- At trial the government relied principally on Randle and Cane’s testimony, cell-phone records, and investigator testimony; Scott did not testify.
- Indictment charged Scott with (Count One) conspiracy to possess with intent to distribute >100 kg (21 U.S.C. § 846) and (Count Two) aiding and abetting possession with intent to distribute 45.35 kg (21 U.S.C. § 841; 18 U.S.C. § 2).
- Scott moved for acquittal arguing insufficient evidence because he never exercised actual or constructive possession or control of the drugs; the district court denied the Rule 29 motion and a jury convicted Scott on both counts.
- Scott appealed, arguing insufficiency of the evidence for both conspiracy and aiding-and-abetting convictions; the Fifth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy under § 846 | Scott: conviction unsupported because he never possessed or controlled the drugs | Government: possession not an element of conspiracy; circumstantial evidence shows agreement, knowledge, and voluntary participation | Affirmed—evidence was sufficient to prove agreement, knowledge, and participation; possession not required for § 846 conviction |
| Sufficiency of evidence for aiding and abetting possession | Scott: like Jackson, he did not aid the possession aspect—he wasn’t involved in obtaining or physically controlling the drugs | Government: aiding-and-abetting does not require actual or constructive possession; Scott’s recruitment, planning, travel, payments, and direct encouragement show purposeful participation to make the venture succeed | Affirmed—evidence supported that Scott associated with and purposefully participated in the venture and sought its success, satisfying aiding-and-abetting elements |
Key Cases Cited
- United States v. Booker, 334 F.3d 406 (5th Cir. 2003) (elements of drug conspiracy and agreement may be inferred from circumstantial evidence)
- United States v. Jackson, 526 F.2d 1236 (5th Cir. 1976) (reversing aiding-and-abetting conviction where defendant did not help obtain or exercise control over the drugs)
- United States v. Williams, 985 F.2d 749 (5th Cir. 1993) (defendant need not have actual possession to be guilty of aiding and abetting possession)
- United States v. Fischel, 686 F.2d 1082 (5th Cir. 1982) (aiding-and-abetting may be supported where defendant helped facilitate possession even without physical control)
- United States v. Salazar, 958 F.2d 1285 (5th Cir. 1992) (discusses standards for sufficiency and aiding-and-abetting participation)