ELR Citation: ELR 20245
No(s). s. 92-4340, -4341 (6th Cir. Dec 14, 1993)

The court upholds the convictions of two defendants for aiding and abetting the possession of 47 endangered baby crocodiles that were hidden in boxes shipped from Nigeria to the United States, and of the first defendant for facilitating the transportation, concealment, or sale of the crocodiles. The court first holds that there was sufficient evidence to support both convictions of the first defendant. His challenges to the credibility of the witnesses who testified that he knew his partner in Nigeria was shipping him crocodiles without the required paperwork are only to the quality, not the sufficiency, of the government's evidence. The court next holds that there was sufficient evidence to support the conviction of the second defendant. The government established through presentation of testimony regarding telephone calls and facsimile transmissions that he knew that the boxes he was shipping from Africa contained undocumented crocodiles. The court next holds that the district court's four-level enhancement of the defendants' sentences under U.S. Sentencing Guideline (U.S.S.G.) §2Q2.1(b)(3)(B), based on its finding that the 47 crocodiles were significant in relation to the overall populations of the species, was improper. The government presented no evidence showing that the number of crocodiles was either substantial in relation to the overall population or to discrete subpopulations of the species. The court next holds that the district court's two-level enhancement of the defendants' sentences under U.S.S.G. §2Q2.1(b)(1), based on its finding that the offense involved a commercial purpose, was not clear error. Testimony established that both defendants discussed the financial aspect of the importation with third parties. Finally, the court holds that the district court's four-level enhancement of the first defendant's sentence under U.S.S.G. §3B1.1(a), based on its finding that he was an organizer or leader of a criminal activity that involved five or more persons, was clearly erroneous. The court remands for a finding as to the specific identities of the five persons involved in the criminal enterprise.

Counsel for Plaintiff
Robyn Jones, Ass't U.S. Attorney
U.S. Attorney's Office
200 U.S. CtHse.
85 Marconi Blvd., Columbus OH 43215
(614) 469-2843

Counsel for Defendants
Samuel Shamanski
511 S. High St., Columbus OH 43215
(614) 228-4141

Before: KENNEDY, MILBURN, and GUY, Circuit Judges.