United States v. Jones
United States Court of Appeals for the Seventh Circuit
371 F.3d 363 (2004)
ATF agents, suspecting Dennis Rock of making illegal straw firearm purchases, set up surveillance at a sporting goods store. Rock returned to buy a rifle accompanied by Dirk Jones (defendant), who wandered the store while Rock completed the paperwork, falsely stating the rifle was for himself. Afterward, Rock and Jones drove together and were arrested. Jones was charged with conspiring to make a false statement to a firearms dealer and to transfer a firearm across state lines; he testified he had merely asked Rock, an acquaintance, for a ride and didn't know about the store stop in advance. The jury convicted Jones, and he appealed for insufficient evidence.
Whether mere presence while a crime is being committed is sufficient to show that a defendant knowingly acted to further a conspiracy.