Opinion of the Court — United States v. Foster-Torres

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Type: Opinion of the Court
Filed: June 17, 2002
Case: United States v. Foster-Torres
Case status: Decided

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MEMORANDUM * Cornelio Thomas Foster-Torres appeals his conviction and sentence after jury trial of conspiracy to unlawfully deal in firearms, in violation of 18 U.S.C. §§ 371 , 922(a)(1)(A) and 924(A). We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , 1294(1), and we affirm. Foster-Torres first argues that the Government presented insufficient evidence to prove that he was guilty of conspiring with Gabriel Martinez-Ramirez and Adolfo Maciel Carillo to “knowingly engage in the business of dealing in firearms without being licensed to do so” because there was nothing linking him to Carillo. “A conspiracy is an agreement to accomplish an illegal objective, coupled with one or more overt acts in furtherance of the illegal purpose and the requisite intent necessary to commit the underlying substantive offense.” United States v. Bibbero, 749 F.2d 581, 587 (9th Cir.1984) (internal quotation marks and citation omitted). The test for whether a single conspiracy existed, as opposed to multiple conspiracies, “is whether there was one overall agreement to perform various functions to achieve the objectives of the conspiracy.” United States v. Arbelaez, 719 F.2d 1453, 1457 (9th Cir.1983) (in…

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