Unpublished Disposition, 849 F.2d 1476 (9th Cir. 1988)

No. 87-5029.

United States Court of Appeals, Ninth Circuit.

Before O'SCANNLAIN and LEAVY, Circuit Judges, and SAMUEL P. KING^*** , District Judge.

OVERVIEW

John Badger appeals his conviction of charges based on his involvement in a scheme to transfer stock derived from a stolen certificate. Badger was convicted of one count of wire fraud, 18 U.S.C. § 1343; one count of conspiracy, 18 U.S.C. § 371; two counts of interstate travel in furtherance of unlawful activity, 18 U.S.C. § 1952; and two counts of interstate transportation of stolen securities, 18 U.S.C. § 2314. Badger asserts that co-conspirator statements and stock transfer records were erroneously admitted and evidence offered to impeach a prosecution witness was erroneously excluded. Badger also challenges the sufficiency of the evidence to support his convictions of interstate transportation of stolen securities. We affirm the convictions.

DISCUSSION

Badger and two co-defendants, John Brownfield and Dwaine Knigge, were tried together. All were convicted. The Ninth Circuit recently affirmed Knigge's conviction. United States v. Knigge, 832 F.2d 1100 (9th Cir. 1987). The facts and proceedings in the district court are fully described in that opinion. The opinion is controlling on three of the four issues raised by Badger: the admissibility of the co-conspirator statements and stock transfer records and the exclusion of impeachment evidence. Id. at 1103-07 & 1108-09.

Badger contends the evidence was insufficient to support his convictions for violating 18 U.S.C. § 2314. Badger was charged with causing, on two separate occasions, Brownfield's interstate transportation of cashier's checks which Badger knew had been obtained by fraud. Badger gave Brownfield the two checks, which represented proceeds from the stock sale.

Section 2314 provides: "Whoever transports in interstate or foreign commerce any ... securities ... of the value of $5,000 or more, knowing the same to have been ... taken by fraud ... [s]hall be fined not more than $10,000 or imprisoned not more than ten years, or both." 18 U.S.C. § 2314 (1970). For conviction under section 2314 it is not necessary to show that a defendant actually transported the item personally. Pereira v. United States, 347 U.S. 1, 8 (1954). It is sufficient if the defendant caused it to be done. Id. "The actor is at least responsible under [section 2314] for the reasonably foreseeable consequences of his acts." United States v. Masters, 456 F.2d 1060, 1061 (9th Cir. 1972).

Badger knew the stock certificates belonged to individuals in Southern California and that Brownfield traveled between Utah and California to transfer the stock and its proceeds. Thus, it was reasonably foreseeable to Badger that his delivery of the cashier's checks to Brownfield would result in their delivery to California. The evidence is sufficient to support his convictions.

CONCLUSION

The district court did not err in its exclusion or admission of evidence. The evidence is sufficient to support Badger's convictions under 18 U.S.C. § 2314. His convictions are affirmed.