PER CURIAM:
Following a joint jury trial, David Mbom and Robert Tataw were convicted of conspiracy to commit bank larceny, in violation of 18 U.S.C. § 371 (2006), and bank larceny, in violation of 18 U.S.C. § 2113(b) (2006). They each received sentences of sixty-three months' imprisonment and were ordered to jointly and severally pay restitution of $435,902. In these consolidated appeals, Mbom and Tataw challenge the district court's denial of their respective motions for judgment of acquittal, and Mbom challenges the district court's denial of his motion to suppress. We affirm in both appeals.
Mbom challenges the search of his person following the stop of a vehicle in which he was a passenger. He argues that officers did not have probable cause or reasonable suspicion to initiate a traffic stop, and even if they did, they lacked probable cause to extend the investigatory scope of the stop. Accordingly, he contends that all the evidence seized from him should have been excluded from trial under the fruit of the poisonous tree doctrine. We disagree.
This court reviews factual findings underlying a district court's denial of a motion to suppress for clear error and legal conclusions de novo.
Automobile stops constitute "seizures" within the meaning of the Fourth Amendment and are thus "subject to the constitutional imperative" that they be reasonable under the circumstances.
We have found that "[o]bserving a traffic violation provides sufficient justification for a police officer to detain the offending vehicle for as long as it takes to perform the traditional incidents of a routine traffic stop."
Here, officers clearly were justified in stopping the vehicle in question for speeding. Once they discovered the outstanding warrant for Mbom, they were permitted to take him into custody and to conduct a search of his person pursuant to that arrest.
Mbom and Tataw each argue that Government failed to present sufficient evidence to convict them of either bank larceny or conspiracy to commit bank larceny. Having reviewed the record and applicable law, however, we find sufficient evidence to support the convictions.
This court reviews de novo the denial of a Fed. R. Crim. P. 29 motion for judgment of acquittal.
In reviewing for substantial evidence, this court considers both circumstantial and direct evidence and allows the Government "all reasonable inferences that could be drawn in its favor."
In order to convict a defendant of conspiracy to commit bank larceny pursuant to 18 U.S.C. § 371, the Government must establish: first, an agreement between two or more people to commit the underlying crime; second, willing participation by the defendant; and third, an overt act in furtherance of the conspiracy.
The Government asserts that sufficient evidence supports Mbom's and Tataw's convictions of bank larceny, pursuant to 18 U.S.C. § 2113(b), under either aider and abettor liability or the
Mbom argues that the Government failed to produce sufficient evidence to conclude that he knew about the conspiracy and its objectives, and that he intended to participate in it.
The evidence linking Mbom with the conspiracy is more than sufficient to support the jury's finding that Mbom is guilty of conspiracy to commit bank larceny. Substantial, albeit circumstantial, evidence linked Mbom to the conspiracy.
Tataw also argues that the Government failed to produce sufficient evidence to support his convictions for bank larceny and conspiracy to commit bank larceny. Like Mbom, Tataw had an explanation as to the evidence against him. However, weighing the credibility of the witnesses, the jury had sufficient evidence to find Tataw was guilty of conspiring to commit bank larceny. In addition, Tataw's conviction for bank larceny is supported under the
Based on the foregoing, we affirm Mbom and Tataw's convictions and sentences. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid in the decisional process.