United States v. Wayne Ware, 440 F. App'x 745

Ware and Steiner were convicted of conspiracy to commit carjacking, aiding and abetting carjacking, and aiding and abetting use and carrying of a firearm during a crime of violence.
Trial evidence included a co-conspirator’s testimony that Ware conceived the plan and Steiner did not object, with Ware firing at the victims’ car and Steiner driving the victims’ car away.
The government argued there was an agreement, knowingly participating conduct, and overt acts furthering the conspiracy; there was substantial evidence of these elements for conspiracy and carjacking.
Venue was challenged; the government presented evidence that the carjacking occurred in the Middle District of Alabama (Lowndes County, Bates Cutoff Road, Fort Deposit), where some witnesses identified the crime’s location.
The district court applied a two-level obstruction of justice enhancement based on the alibi witnesses and the defendants’ knowledge they would testify falsely; Steiner was also charged for § 924(c) by virtue of accomplice conduct.
The district court denied Steiner a minor-role reduction, and the sentences were within guideline ranges and below statutory maximums.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for conspiracy and carjacking	Ware/Steiner argue insufficient evidence to prove conspiracy and carjacking.	Ware/Steiner contend evidentiary gaps negate agreement and participation.	Evidence sufficient to sustain conspiracy and carjacking convictions.
Venue proof by preponderance of the evidence	Government must prove crimes occurred in the trial district; circumstantial evidence may suffice.	Defendants challenge venue; no testimony pinpoints Middle District Alabama.	Carjacking occurred in the Middle District of Alabama; venue established.
Obstruction of justice enhancement for suborning perjury	Enhancement proper when defendants called alibi witnesses likely to commit perjury.	District court failed to make requisite factual findings on perjury.	District court did not commit clear error; enhancement proper for Ware and Steiner.
Denial of minor-role reduction for Steiner	Steiner entitled to minor role reduction.	Steiner’s role (driver, firearm involvement, suborning perjury) outweighs reduction.	No clear error; Steiner not entitled to minor-role reduction.
Reasonableness of sentences under abuse-of-discretion standard	Ware’s leadership and firearms involvement support the sentence; Steiner’s first-time status does not require disparity.	Sentences excessive given individual circumstances.	Sentences reasonable; within guidelines and statutory max; district court properly weighed factors.

United States v. Jones, 601 F.3d 1247 (11th Cir. 2010) (sufficiency review; credibility resolved in government’s favor)
Ibarguen-Mosquera v. United States, 634 F.3d 1370 (11th Cir. 2011) (elements of conspiracy; circumstantial proof admissible)
Craig v. Singletary, 127 F.3d 1030 (11th Cir. 1997) (accomplice testimony can sustain guilt without corroboration)
United States v. Glinton, 154 F.3d 1245 (11th Cir. 1998) (circumstantial evidence supports inference of agreement)
United States v. Moore, 525 F.3d 1033 (11th Cir. 2008) (agreement may be inferred from circumstances)
United States v. Williams, 334 F.3d 1228 (11th Cir. 2003) (principle of aiding and abetting requires certain showings)
United States v. Massey, 443 F.3d 814 (11th Cir. 2006) (standard for reviewing obstruction of justice enhancements)
United States v. Bradberry, 466 F.3d 1249 (11th Cir. 2006) (suborning perjury basis for obstruction enhancement)
Bernal-Benitez v. United States, 594 F.3d 1303 (11th Cir. 2010) (minor role denial requires proper weighing of factors)
Gall v. United States, 552 U.S. 38 (S. Ct. 2007) (reasonableness standard for sentences; abuse of discretion)
United States v. De La Cruz Suarez, 601 F.3d 1202 (11th Cir. 2010) (venue burden; preponderance standard in venue determinations)
United States v. Stickle, 454 F.3d 1265 (11th Cir. 2006) (credibility determinations favorable to jury verdict)