925 F2d 1471 United States v. Lewis

925 F.2d 1471

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

UNITED STATES of America, Plaintiff-Appellee,
v.
Lavaran LEWIS, aka: Yvonne, Defendant-Appellant.

No. 89-50133.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 11, 1991.*
Decided Feb. 14, 1991.

Before BOOCHEVER, CYNTHIA HOLCOMB HALL and RYMER, Circuit Judges.

1

MEMORANDUM**

2

Lavaran Lewis appeals her conviction for conspiracy to transfer false social security cards and birth certificates and aiding and abetting the transfer of a false and unauthorized identification document.

3

Lewis served as the secretary-receptionist for Morgan Development Company from September 1987 through March 1988. Her duties included assisting the firm's principal, Henry Morgan, with many activities with which his blindness interfered. While purportedly a consulting firm, Morgan Development was involved in providing false birth certificates and social security cards for clients interested in qualifying for credit cards and favorable immigration status.

4

Lewis's sole contention on appeal is that there was insufficient evidence to convict her on either the conspiracy or aiding and abetting counts. In determining the sufficiency of the evidence on appeal, we ask whether, viewing the evidence in the light most favorable to the government, any rational trier of fact could have found the essential elements of the crime charged beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979). The essential elements of the conspiracy charge are (1) an agreement to knowingly transfer a false identification document knowing that it was produced without lawful authority, or to attempt the same; and (2) an overt act in furtherance of that illegal objective. The essential element of aiding and abetting is knowing assistance in the transfer of a false identification document. See United States v. Reese, 775 F.2d 1066, 1072 (9th Cir.1985).

5

The evidence adduced at trial was sufficient to permit a rational juror to find beyond a reasonable doubt both the elements of the conspiracy and aiding and abetting charges. As to the conspiracy count, Lewis argues she committed illegal acts unwittingly. Lewis contends she never typed or prepared any of the birth certificates, nor did she go to the social security office. According to her, she merely followed instructions, and Morgan never explained to her that the information he gave her for the birth certificates was false. She contends she never knew Morgan was selling phony documents, and that she only knew Morgan had Illinois birth certificates when he asked her to get one for a client. She claims not to have known the client was not from Illinois.

6

But evidence eroded that contention. In Lewis's presence, Morgan told a client that Lewis would "go down to the office" to get him the fake social security card and that this would take two weeks. Moreover, Morgan directly told Lewis, "Honey, what you gonna have to do with this, you gonna have to walk it in." He also directed her to show the client one of the fake birth certificates. She retrieved one from an adjoining file room. The client was told that Lewis would "process all the paperwork" for his application, and would begin "when she sees money." Lewis took the $750 deposit on the fake documents. In response to a call by the waiting client she answered, "you're waiting on a social, right?" When the client called back ten days later she told him, "I'm handling your transaction."

7

The evidence was sufficient for a rational trier of fact to find that a conspiracy to obtain and sell false birth certificates existed. The conspiracy could properly be inferred from the acts of the parties and other circumstantial evidence indicating concert of action for accomplishment of a common purpose. See United States v. Abushi, 682 F.2d 1289, 1293 (9th Cir.1982). The jury could permissibly reject Lewis's contention that she was a dupe.

8

The same evidence allowed the jury to find beyond a reasonable doubt that Lewis assisted in the effort to transfer false identification documents. Lewis argues because she was not present when the transfer of the illegal document took place she did not participate in the transfer. But her presence at that stage was not required. It is enough that she knowingly assisted in the transfer by facilitating it. In light of her statement that she was handling the transaction, the jury was entitled to believe that her participation in the scheme assisted in the ultimate transfer.

9

Therefore, we AFFIRM the judgment of the district court.

*

The panel finds this case appropriate for submission without oral argument pursuant to Fed.R.App.P. 34(a) and 9th Cir.R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3