Professional Documents
Culture Documents
No. 11-5210
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville.
Malcolm J. Howard,
Senior District Judge. (4:11-cr-00012-H-5)
Submitted:
Decided:
November 8, 2012
PER CURIAM:
Omar Nijim was convicted of conspiracy to traffic in
contraband cigarettes, in violation of 18 U.S.C. 371 (2006),
and was sentenced to thirty-three months in prison.
appeals, raising three issues.
Nijim now
We affirm.
I
As
part
of
an
investigation
into
transactions
the
(ATF)
Bureau
of
operated
Alcohol,
an
Tobacco,
undercover
Firearms
warehouse
in
and
Explosives
North
Carolina.
November
Nafiz
2009,
Mustafa,
Anderson
to
met
prepare
with
for
one
of
shipment
his
of
Carolina.
Mustafa
$55,000 in cash.
handed
Anderson
the
three
bag
containing
men
unloaded
the
truck.
Nijim
and
Mustafa
$20,000 and agreed to pay him the balance due upon their return
to North Carolina.
to
minivan.
rest
storage
room,
with
Leqyana
following
in
the
area,
where
Mustafa
gave
Anderson
$102,000
in
cash
as
was
$500,580.
See
U.S.
3
Sentencing
Guidelines
Manual
(USSG)
2E4.1(a)(2),
2T4.1(H)
(2011).
There
were
no
criminal
history
category
was
I,
and
his
Guidelines
The court
II
Nijim first argues that the district court erroneously
refused to instruct the jury on N.J. Stat. Ann. 54:40A-16.
The
statute
generally
prohibits
wholesale
and
retail
dealers
this prohibition:
The director [of the New Jersey Division of Taxation]
may, however, . . . authorize wholesale dealers and
retail dealers to acquire and have in their possession
cigarettes bearing cigarette revenue stamps of other
states, provided such cigarettes are intended for sale
or other disposition in those states.
N.J. Stat. Ann. 54:40A-16.
Nijim
December
and
contends
January
that
13
the
cigarettes
transactions,
involved
which
bore
in
the
no
tax
stamps,
states
were
that
intended
do
cigarettes.
not
for
distribution
require
the
in
affixation
one
of
of
tax
the
three
stamps
to
decision
is
to
reviewed
give
for
or
refuse
abuse
of
to
give
discretion.
jury
United
failure
to
give
proposed
instruction
does
not
trial
so
important,
instruction
seriously
conduct
defense.
his
that
failure
impaired
the
Id.
at
411
to
give
the
defendants
(internal
requested
ability
quotation
to
marks
omitted).
We conclude that the district court did not abuse its
discretion
statutory
in
refusing
exception
the
was
requested
instruction
inapplicable.
because
Testimony
at
the
trial
Neither
agent,
authorization
nor
Nijim
had
contemplated
nor
he
by
either
or
the
5
store
either
was
store
statute.
licensed
received
Further,
the
Nijim
denied
having
manufacturer.
worked
for
cigarette
dealer,
wholesaler,
or
III
Nijim next contends that, pursuant to USSG 3B1.2, he
should have received a reduction in his offense level based on
his role in the offense.
participant
in
the
offense.
USSG
3B1.2;
United
In
fewer
bad
acts
than
his
co-defendants,
but
whether
the
hold
that
the
district
court
did
not
abuse
its
On two occasions, he
in
his
minivan.
cigarettes
and
placed
them
in
He
also
unloaded
the
storage
room.
contraband
All
this
IV
Finally,
Nijim
claims
that
the
amount
of
loss
was
the
involved
December
delivery
9540
cartons
of
contraband
V
We therefore affirm Nijims conviction and sentence.
We
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED