Filed: Apr. 03, 2014
Latest Update: Mar. 02, 2020
Summary: 12-2677 United States of America v. Richard Lee UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATIO
Summary: 12-2677 United States of America v. Richard Lee UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION..
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12‐2677
United States of America v. Richard Lee
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER
JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S
LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER
THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A
SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley
Square, in the City of New York, on the 3rd day of April, two thousand fourteen.
PRESENT: RICHARD C. WESLEY,
SUSAN L. CARNEY,
Circuit Judges,
RICHARD K. EATON,*
Judge.
____________________________________________
UNITED STATES OF AMERICA,
Plaintiff‐Appellee,
v. 12‐2677‐cr
RICHARD LEE,
Defendant‐Appellant.
____________________________________________
* The Honorable Judge Richard K. Eaton, of the United States Court of
International Trade, sitting by designation.
FOR DEFENDANT‐ MICHAEL J. STACHOWSKI,
APPELLANT: Michael J. Stachowski, P.C., Buffalo, NY.
FOR THE UNITED STATES: MONICA RICHARDS, Assistant United
States Attorney, (Stephan J. Baczynski,
Assistant United States Attorney, on the brief),
for William J. Hochul, Jr., United States
Attorney for the Western District of New
York, Buffalo, NY.
Appeal from the United States District Court for the Western District of
New York (Richard J. Arcara, Judge).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,
ADJUDGED AND DECREED that the judgment is AFFIRMED.
Defendant Richard Lee appeals from the judgment entered in the United
States District Court for the Western District of New York (Richard J. Arcara,
Judge). Following a jury trial, Lee was found guilty of attempting to smuggle an
automobile into the United States without an invoice. 18 U.S.C. § 545. Lee seeks
reversal of his conviction, and argues principally that the evidence at trial was
insufficient to sustain his conviction. We assume the parties’ familiarity with the
underlying facts and the issues for review, which we reference only as necessary
to explain our decision to affirm.1
1
We review de novo a sufficiency of the evidence challenge. United States v. Naiman,
211 F.3d 40, 46 (2d Cir. 2000).
2
On review after conviction by a jury, this Court considers the evidence
presented at trial in the light most favorable to the government, and also credits
every inference the jury may have drawn in favor of the government. United
States v. Naiman, 211 F.3d 40, 46 (2d Cir. 2000). We will not disturb Lee’s
conviction if any rational trier of fact could have found the elements of 18 U.S.C.
§ 545 proven beyond a reasonable doubt. See id.
To prove a violation of 18 U.S.C. § 545, the government was required to
show that Lee “knowingly and willfully, with intent to defraud the United
States, smuggle[d] . . . or attempt[ed] to smuggle . . . into the United States any
merchandise which should have been invoiced.” Lee argues there was
insufficient evidence to prove that he had the requisite intent to “knowingly and
willfully” defraud the United States.
The evidence was sufficient to support Lee’s conviction. Lee testified that
he was aware of, and had personally researched, how to properly import and
export vehicles between the United States and Canada. He also testified that he
did “basically everything” for his father’s used car dealership, which exports cars
to Canada. Appendix at 385. The jury further heard evidence that Lee regularly
transported cars between the United States and Canada on behalf of the business.
3
This was ample evidence from which the jury could have concluded that the
scienter element was satisfied beyond a reasonable doubt.
Notably, less than three months prior to his arrest, Lee had been detained
by the United States Customs and Border Protection at the same port of entry,
and his vehicle was denied entry based on the same importation violations. On
the first occasion, he was returned to Canada after being notified of the
documentation requirements necessary to import a vehicle into the United States.
Lee further argues that the jury’s acquittal of his filing false statements
charge is inconsistent with his smuggling conviction. There is no inconsistency
here—filing a false statement under 18 U.S.C. § 1001 is not an element required
to prove an 18 U.S.C. § 545 offense. See United States v. O’Connor, 650 F.3d 839,
856 (2d Cir. 2011).
Similarly, Lee’s remaining argument—that the government failed to prove
the vehicle had any commercial value in the United States—has no connection to
a suggestion of innocence. Lee would have this Court conclude that a vehicle
lacking proper documentation has no commercial value. Surely, a car has
commercial value, even if its value must be realized through illicit markets.
4
For the reasons stated above, the judgment of the district court is
AFFIRMED.
FOR THE COURT:
Catherine O’Hagan Wolfe, Clerk
5