In this drug conspiracy case, we affirm the convictions because sufficient evidence demonstrates the appellants’ willful participation in the conspiracy.
FACTS
The investigation resulting in the indictment in this case began on October 27, 1987, when a Georgia state patrolman stopped Susie Rúales and Antonio Delgado for speeding. After receiving consent to search, the patrolman found sixty-one kilograms of cocaine beneath the truck’s bed. The truck was registered to National Carpets, Inc. in Ohio. National Carpets, however, was not a real business; it existed only on paper as a cover for an illegal drug organization. Trevor Whittaker, the purported owner of National Carpets, hired Rúales and Delgado to deliver the cocaine in Detroit, Michigan.
Whittaker and his partner, Tyrone Walker, operated a large-scale cocaine network using automobiles to transport cocaine from Florida to Detroit, Michigan. Walker originated the conspiracy and dealt directly with the distributors of the cocaine. Walker decided that vehicles with Florida license plates were more likely to be stopped and searched as they traveled up 1-75 to Detroit. Therefore, he contacted Callier, an automobile salesman who could purchase vehicles outside the state of Florida.
Callier purchased at least eleven vehicles with cash from Antoinette Frink, president of McFrink Chevrolet/Cadillac, Inc. in Delaware, Ohio. The vehicles were purchased through “house deals” in which the management of the dealership makes the sale instead of a salesman, eliminating the
In Callier’s first purchase from Frink, Walker gave Whittaker $60,000 to buy a Winnebago, and Whittaker transferred the cash to Callier in Miami. Callier flew to Ohio to negotiate the purchase even though the Winnebago was at all times in Miami. Callier signed the odometer statement as president of Ultra Carpets, listing its address as 5155 North High Street, Columbus, Ohio. Callier, however, was not the president of Ultra Carpets, and the address did not exist. Within a few weeks of its purchase, Customs agents seized the Winnebago from a “chop shop” in Miami where it was being fitted with a water tank. Cal-lier had delivered the Winnebago to the “chop shop,” and he called Customs to inquire about its seizure.
Callier had also purchased the Silverado truck driven by Rúales and Delgado from Frink. On one trip to Ohio, Ivan McCaskill accompanied Callier and purchased a Plymouth Reliant for the conspiracy. During the transaction, McCaskill offered Frink a trip to Puerto Rico which she declined.
PROCEDURAL HISTORY
On December 9, 1988, a grand jury in the Middle District of Georgia indicted Whit-taker, Walker, Callier, McCaskill, Frink, and John Lee Evans of conspiracy to aid and abet the possession of cocaine with the intent to distribute, in violation of 21 U.S.C. § 846; aiding and abetting the possession of cocaine with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1); and counseling Rúales and Delgado to travel in interstate commerce with the intent of facilitating the possession of cocaine with the intent to distribute, in violation of 18 U.S.C. § 1952. Walker, McCaskill, and Evans pleaded guilty, and Whittaker remained at large at the time of trial. 2 A jury convicted Callier and Frink on all three counts.
CONTENTIONS OF THE PARTIES
Frink contends that the evidence is insufficient to support her convictions, that the district court improperly instructed the jury, and that the district court improperly excluded certain evidence. Callier contends that his right to a speedy trial was violated and that the district court erred in (1) admitting certain evidence, (2) failing to grant his motion for a directed verdict, (3) instructing the jury about CTRs, and (4) limiting his right to cross-examination.
ISSUES
In this appeal we only address whether the government presented sufficient evidence to support Frink’s convictions. 3
DISCUSSION
We find all of Callier’s contentions to be meritless and without sufficient weight to require discussion.
In reviewing for sufficiency of the evidence, we consider the facts in the light most favorable to the government.
United
Count One of the indictment charged Frink with conspiracy "to aid and abet the knowing and intentional possession of, and to knowingly and intentionally possess with intent to distribute a Schedule II controlled substance. . . ." To establish the existence of a conspiracy under 21 U.S.C. § 846, the government must first prove that two or more persons entered an agreement to violate the narcotics laws. United States v. Blasco,
Through the confessions of Walker, McCaskill, Ruales, and other means the government proved that a conspiracy to possess and distribute cocaine existed. The question is whether the government proved that Frink had knowledge of the essential elements of the conspiracy and whether she knowingly and voluntarily joined it. The government contends that by flipping titles on out-of-state vehicles and by structuring bank deposits to avoid CTR requirements, Frink demonstrated her knowledge of and voluntary participation in the narcotics conspiracy. Frink contends that no evidence demonstrated that she had knowledge of the "essential elements" of the narcotics conspiracy, or that she knowingly joined it.
In United States v. Falcone,
This circuit recently considered whether the seller of an aircraft to marijuana smugglers was guilty of conspiracy with the smugglers.
United States v. Morse,
As in Morse, the facts in this case support the inference that Frink had knowledge of the conspiracy’s unlawful purpose and agreed to participate. Frink sold at least eleven automobiles to Callier and “flipped” titles during a one year period. She also provided false addresses on registration forms, falsified odometer statements, and divided cash payments in order to avoid CTR requirements. The most damaging evidence against Frink, as the evidence relates to narcotics, is evidence showing that Frink knew that Customs seized the first vehicle she sold Callier — the Winnebago. Many of the vehicles, like the Winnebago, never passed through the Ohio dealership; they were simply “Florida” vehicles that needed an Ohio tag. The bookkeeper at McFrink Chevrolet testified that she received $50 to $100 in addition to her regular salary for helping flip titles. Furthermore, when Frink learned of the investigation, she advised the bookkeeper that they should “get [their] stories straight.”
These facts place this case somewhere on the continuum between
Falcone
and
Direct Sales. See United States v. Michelena-Orovio,
The lack of direct evidence that Frink knew that the vehicles would be used to transport cocaine is not fatal to the government’s case. In
Morse,
the buyers of the airplane never discussed their intention to smuggle marijuana. Morse only learned of the smuggling after the fact. In that case, we considered that the airplane was ideally suited for smuggling because the absence of passenger seats left more room for hauling marijuana. In this case, flipping titles on “Florida” cars was Frink’s affirmative act which rendered the vehicles ideally suited to the transportation of drugs. In addition, Frink knew that the Winnebago had been seized by customs from a chop shop in
Because we affirm Frink's conviction of conspiracy, the evidence is sufficient as to the two other counts. "[T]he substantive crimes committed by a member of a conspiracy are attributable to other co-conspirators if the crimes are reasonably foreseeable as a necessary or natural consequence of the unlawful agreement." United States v. Gualdado,
CONCLUSION
Callier and Frink's convictions are affirmed.
AFFIRMED.
Notes
. See 31 U.S.C.A. § 5313 (West Supp.1990) and its implementing regulation, 31 C.F.R. § 103.22(a)(1) (1987).
. The government charged Evans in a superseding information and the district court transferred his case to the Eastern District of Michigan.
.We find Frink’s remaining contentions and all of Callier’s contentions to be meritless.
