Appellants Domingo Fernandez, Luis Gustavo Gualdado and Francisco Morales appeal their convictions of various crimes arising from their attempt to smuggle into this country a large quantity of cocaine. We affirm.
1. The evidence presented at trial was sufficient to support appellants’ con
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victions on the conspiracy and substantive offenses. Evidence viewed in the light most favorable to the government indicates that appellants were transporting cocaine, valued at approximately one billion dollars, in a powerful racing boat capable of eluding many customs vessels. When initially observed by Customs officials appellants were operating under cover of darkness and without navigation lights. Appellants, with Morales at the helm, took evasive action after being approached by the Customs officials and continued their attempts to avoid capture even after these officials fired upon their boat. During the ensuing chase Fernandez and Gualdado discarded duffle bags, later determined to be filled with cocaine, from the boat and washed the storage area with gasoline, a practice commonly employed to obliterate traces or odor of cocaine. This evidence was sufficient to demonstrate each appellant’s knowledge of a large amount of cocaine aboard the boat, the intent to smuggle that cocaine into this country, the existence of an agreement among and involving appellants regarding this enterprise, and appellants knowing or voluntary participation in furtherance of this illegal venture.
See United States v. Cruz-Valdez,
2. Appellants contend that there was insufficient evidence to support their convictions of assault with a deadly weapon arising from appellant Morales’ attempts during the ensuing chase to ram a pursuing Customs vessel. The manner in which the boat was used clearly turned that vessel into a deadly weapon. “Almost any object which as used or attempted to be used may endanger life or inflict great bodily harm, or which is likely to produce death or great bodily injury, can in some circumstances be a ‘dangerous weapon.’”
United States v. Barber,
As to whether Morales’ actions could be attributed to Gualdado and Fernandez, the 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. Alvarez,
3. The jury instructions on whether Morales’ attempts to ram the Customs vessel could be charged to Fernandez and Gualda- *1528 do did not constitute “plain error.” Taken as a whole, the instructions adequately informed the jury that to charge co-conspirators with the substantive offenses of a conspirator those offenses must have been reasonably foreseeable to the co-conspirators beyond a reasonable doubt.
AFFIRMED.
