USA v. Kenol Augustin

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-11066
Non-Argument Calendar
________________________
D.C. Docket No. 1:14-cr-20531-RLR-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KENOL AUGUSTIN,
Defendant - Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(January 5, 2016)
Before HULL, MARCUS, and JORDAN, Circuit Judges.
PER CURIAM:
Case: 15-11066 Date Filed: 01/05/2016 Page: 1 of 4

-- 1 of 4 --

2
Kenol Augustin appeals his conviction for conspiracy to possess 15 or more
unauthorized access devices, namely, Social Security numbers, in violation of 18
U.S.C. § 1029(b)(2). On appeal, Mr. Augustin contends that the district court erred
when it denied his motion for judgment of acquittal because the evidence presented
at trial was insufficient to show that he knowingly and voluntarily participated in
the charged conspiracy. After a thorough review of the record and the parties’
briefs, we affirm.
I
We review Mr. Augustin’s challenge to the sufficiency of the evidence de
novo, but we view the evidence in the light most favorable to the government. See
United States v. Garcia, 405 F.3d 1260, 1269 (11th Cir. 2005). We will not
overturn a guilty verdict unless, based on the record evidence, no rational trier of
fact could have found Mr. Augustin guilty beyond a reasonable doubt. See United
States v. Silvestri, 409 F.3d 1311, 1327 (11th Cir. 2005). We will assume that the
jury resolved all credibility issues in a manner that supports its verdict. See
Garcia, 405 F.3d at 1269.
To convict Mr. Augustin of the conspiracy charge, the government had to
prove that there was an agreement between two or more persons to possess 15 or
more counterfeit or unauthorized devices, that one of the parties in the conspiracy
committed an overt act in furtherance of the agreement, and that Mr. Augustin
Case: 15-11066 Date Filed: 01/05/2016 Page: 2 of 4

-- 2 of 4 --

3
knowingly and voluntarily joined the conspiracy. See Garcia, 405 F.3d at 1269;
18 U.S.C. § 1029(a)(3), (b)(2). The government may rely solely on circumstantial
evidence to prove the conspiracy’s existence and Mr. Augustin’s knowing and
voluntary participation. See Garcia, 405 F.3d at 1269. See also Glasser v. United
States, 315 U.S. 60, 80 (1942) (“Participation in a criminal conspiracy need not be
proved by direct evidence; a common purpose and plan may be inferred from a
‘development and collocation of circumstances.’”) (citation omitted).
The government presented sufficient evidence for a reasonable jury to find
Mr. Augustin guilty of conspiring to possess 15 or more unauthorized access
devices. The evidence presented at trial showed that Tawana Cole stole personal
identifying information from her employer, Memorial Cancer Center, and gave the
information to Harold Harper. Mr. Harper worked at the salon owned by Mr.
Augustin’s then-fiancée, Aesha Sumayya Newman. There was also evidence that
Mr. Augustin later delivered money to Ms. Cole and said that it was “the money
that I owe you.” Ms. Newman, in addition, saw Mr. Augustin looking at
spreadsheets of personal identifying information on his computer. Moreover, Mr.
Augustin offered to pay Ms. Newman’s sister, Moshi Barnard, to create e-mail
addresses to correspond with the personal identifying information from his
computer. Ms. Barnard was later arrested and found with personal identifying
Case: 15-11066 Date Filed: 01/05/2016 Page: 3 of 4

-- 3 of 4 --

4
information, including spreadsheets that included information stolen by Ms. Cole
and that had Mr. Augustin’s nickname on them.
This evidence is sufficient to support the jury’s finding that a conspiracy to
possess 15 or more unauthorized access devices existed, and that Mr. Augustin
knowingly and voluntarily participated in that conspiracy.
II
The district court did not err in denying Mr. Augustin’s motion for judgment
of acquittal.
AFFIRMED.
Case: 15-11066 Date Filed: 01/05/2016 Page: 4 of 4

-- 4 of 4 --