United States v. Manso-Cepeda
810 F.3d 846
| 1st Cir. | 2016Background
- Manso-Cepeda was convicted of aiding and abetting a convicted felon in possession of a firearm under 18 U.S.C. §§ 2, 922(g)(1).
- A firearm (Winchester shotgun, sawed down to 16 inches, loaded with six cartridges) was discarded from Casillas-Sánchez’s side of the Mazda during a nighttime police chase in Loíza, Puerto Rico.
- The Mazda, registered to Manso's mother, fled after Tejeda-Jiménez signaled for a traffic stop; Casillas exited the vehicle with the gun and fled into nearby woods with Manso and the driver still in the car.
- Casillas and Manso had previously been observed socializing that day with a group at Manso's father's home, suggesting prior association.
- Manso provided an interview in which he claimed no one was riding in the front seat and that he stopped to pick up his wife, a claim contradicted by testimony at trial.
- The government and Casillas were aware Casillas possessed a firearm; trial evidence tied Manso to the offense and supported a theory that Manso aided and abetted the gun possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was advance knowledge of the weapon per Rosemond | Manso knew or could have known about the gun before the stop. | No sufficient proof Manso knew of the gun before Tejeda's stop. | Sufficient evidence of advance knowledge supported. |
| Whether Manso's conduct satisfied the affirmative act requirement | Flight and driving to aid Casillas continued the crime and concealed the weapon. | Actions were not clearly affirmative acts attributable to Manso's aiding. | Yes; conduct satisfied affirmative act requirement. |
| Whether Rosemond jury-instruction issue was preserved | Instructions should direct when to determine knowledge timing. | Issue waived for lack of objection. | Waived; not reversible error. |
Key Cases Cited
- Rosemond v. United States, 134 S. Ct. 1240 (Supreme Court 2014) (advance knowledge required for aiding and abetting firearm-related offenses)
- United States v. Spinney, 65 F.3d 231 (1st Cir. 1995) (conscious-knowledge inference permissible from indirect evidence)
- United States v. Rodríguez-Martínez, 778 F.3d 367 (1st Cir. 2015) (insufficient evidence when gun concealment prevents seeing the weapon)
- United States v. Benjamin, 711 F.3d 371 (3d Cir. 2013) (possession under § 922(g)(1) is a continuous course of conduct)