United States v. Michael T. Clements
686 F. App'x 849
| 11th Cir. | 2017Background
- Jesus Licona, an undocumented immigrant recruited in 2008 as a confidential informant by Auburn PD officer Chris Carver; DHS gave Licona a "special class deferred" status but he never received lawful admission or parole.
- From 2013–2015 Licona conducted multiple controlled buys at Michael Clements’s trailer to investigate suspected stolen-goods and gun sales.
- On July 18, 2014, Licona bought a Smith & Wesson .357 from Willie Arnold at Clements’s trailer; Clements prepared and signed the bill of sale as a witness.
- On April 30 and May 8, 2015, Licona told Clements he was "illegal" and discussed purchasing ammunition; Clements arranged phone contact with Arnold, inspected a box of bullets, handed it to Licona, and said he would try to find more.
- A grand jury indicted Clements for selling a firearm and selling ammunition to an illegal alien, in violation of 18 U.S.C. § 922(d) and 924(a)(2); the district court granted acquittal on the firearm count but denied acquittal on the ammunition count.
- A jury convicted Clements on the ammunition count; Clements appealed claiming insufficient evidence that (1) he was the seller and (2) he knew Licona was illegally in the U.S. The Eleventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence showed Clements aided and abetted sale of ammunition | Gov’t: Clements arranged call, handled/inspected bullets, coordinated sale, asked price — sufficient to show aiding/abetting | Clements: Arnold, not Clements, sold the ammunition; Clements was not the seller | Affirmed — sufficient evidence Clements aided and abetted Arnold’s sale |
| Whether Clements knew or had reasonable cause to know Licona was illegally in U.S. | Gov’t: Licona told Clements he was "illegal" before the ammunition sale; jury could find knowledge | Clements: Licona’s DHS "special class deferred" status made him lawful | Affirmed — licensee remained an illegal alien; Clements knew or had reason to know |
| Legal effect of "special class deferred" status on illegal-alien element | Gov’t: Deferred action does not confer lawful admission or parole | Clements: Deferred status rendered Licona lawful | Rejected — DHS testimony established deferred action did not change illegal status |
| Sufficiency-of-evidence standard on appeal | N/A: standard is de novo review; circumstantial evidence may support conviction if reasonable inferences prevail | Clements urged plain error on issues not raised below | Affirmed — applying de novo/plain-error standards, evidence supports conviction |
Key Cases Cited
- Capers v. United States, 708 F.3d 1286 (11th Cir. 2013) (de novo review standard for sufficiency-of-evidence challenges)
- Mendez v. United States, 528 F.3d 811 (11th Cir. 2008) (circumstantial evidence must support reasonable inferences, not speculation)
- Iglesias v. United States, 915 F.2d 1524 (11th Cir. 1990) (defendant indicted as principal may be convicted on proof of aiding and abetting)
- Sosa v. United States, 777 F.3d 1279 (11th Cir. 2015) (elements for aiding and abetting conviction)
- Broadwell v. United States, 870 F.2d 594 (11th Cir. 1989) (aiding-and-abetting requires association with, intent to bring about, and actions to further criminal venture)
- Reno v. American–Arab Anti–Discrimination Comm., 525 U.S. 471 (1999) (explaining deferred action as discretionary executive decision that does not confer lawful status)
- Vonn v. United States, 535 U.S. 55 (2002) (plain-error review framework)