[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 14-12056

Non-Argument Calendar

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D.C. Docket No. 0:13-cr-60267-WPD-1

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee,

 versus

JEAN CAZY, 

ANDRE SAINT CYR,

 Defendants-Appellants.

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Appeals from the United States District Court

for the Southern District of Florida

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(July 14, 2015)

Before MARTIN, JULIE CARNES and FAY, Circuit Judges.

PER CURIAM: 

This criminal case began with a government-created reverse sting operation 

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during which Jean Cazy and Andre Saint Cyr agreed to rob a fictional cocaine 

stash-house. In 2013, a confidential informant told the Bureau of Alcohol, 

Tobacco, Firearms, and Explosives (ATF) that Cazy had been involved in several 

drug-related robberies. In order to investigate these allegations, an ATF agent 

contacted Cazy and told him that he knew where a group of Colombian drug 

traffickers kept their cocaine. Cazy agreed to rob the drug traffickers and promised 

the agent a share of the stolen cocaine in exchange for this information. 

Cazy recruited several other men, including Saint Cyr, for the job. After a 

series of meetings in which Cazy, Saint Cyr, and the others discussed how to carry 

out the robbery, ATF agents arrested the defendants immediately before the 

robbery was supposed to take place. Cazy had a loaded revolver in his pocket, and 

agents found four other firearms, ammunition, a silencer, a bulletproof vest, and 

ski-masks in Saint Cyr’s car. 

Following their arrests, Cazy and Saint Cyr were convicted of conspiracy to 

commit Hobbs Act robbery; conspiracy to possess cocaine with the intent to 

distribute; attempted possession of cocaine with the intent to distribute; conspiracy 

to use, carry, and possess a firearm in furtherance of a crime of violence and a drug 

trafficking crime; using, carrying, and possessing a firearm in furtherance of a 

crime of violence; and using, carrying, and possessing a firearm in furtherance of a 

drug trafficking offense. Saint Cyr was also convicted of possessing an 

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unregistered silencer. 

On appeal, Cazy and Saint Cyr argue that the reverse sting operation

constituted outrageous government conduct and violated their Fifth Amendment

rights, the district court erred by denying their motion for a judgment of acquittal

based on entrapment, and the district court erred by denying their motion to vacate 

one of the two firearm possession convictions as multiplicitous because both 

convictions are based on the same conduct. Saint Cyr also argues that there was 

insufficient evidence to convict him of possessing an unregistered silencer and that 

the district court clearly erred at sentencing by applying a four-level role 

enhancement to his offense level under United States Sentencing Guidelines § 

3B1.1 and a two-level obstruction of justice enhancement under § 3C1.1. We find 

no reversible error and affirm. 

I.

Cazy and Saint Cyr argue that the reverse sting operation constituted 

outrageous government conduct because the ATF played a central role in creating 

the criminal conspiracy. “Outrageous government conduct occurs when law 

enforcement obtains a conviction for conduct beyond the defendant’s 

predisposition by employing methods that fail to comport with due process 

guarantees.” United States v. Jayyousi, 657 F.3d 1085, 1111–12 (11th Cir. 2011)

(quotation omitted). In order to prevail, appellants must show that ATF’s

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involvement in the criminal scheme was “shocking to the universal sense of justice 

mandated by the Due Process Clause of the Fifth Amendment.” United States v. 

Russell, 411 U.S. 423, 432, 93 S. Ct. 1637, 1643 (1973) (internal quotation and 

punctuation marks omitted). 

This is a high bar, and one that appellants cannot meet. Indeed, this Court 

has repeatedly rejected Due Process challenges to nearly identical reverse sting 

operations. See, e.g., United States v. Orisnord, 483 F.3d 1169, 1173–76 (11th Cir. 

2007); United States v. Sanchez, 138 F.3d 1410, 1413 (11th Cir. 1998) (collecting 

cases). Sanchez is instructive. In that case, we explained that sting operations 

generally satisfy the Due Process clause because the “[g]overnment infiltration of 

criminal activity is a recognized and permissible means of investigation.” 138

F.3d at 1413. In rejecting the defendants’ outrageous conduct argument, we placed 

importance on the fact that the defendants had previously been suspected of 

participating in robberies and became involved in the scheme voluntarily and 

without any instigation from the government. Id. at 1413–14. 

The same is true here. The ATF contacted Cazy only after receiving a tip 

from a confidential informant that Cazy had already been involved in drug-related 

robberies; Cazy and Saint Cyr agreed to the scheme voluntarily and over the 

repeated cautionary statements by the undercover ATF agent that the robbery 

would be dangerous; and perhaps most importantly, Cazy and Saint Cyr planned 

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the robbery without interference from the ATF. On these facts, appellants have not 

shown that the ATF’s involvement in the reverse sting was outrageous government 

conduct. 

II.

We next consider appellants’ argument that the district court erred by 

denying their motion for a judgment of acquittal based on entrapment. “A 

successful entrapment defense requires two elements: (1) government inducement 

of the crime, and (2) lack of predisposition on the part of the defendant.” United 

States v. Miller, 71 F.3d 813, 816 (11th Cir. 1996) (quotation omitted). Where, as 

here, a jury has rejected a defendant’s entrapment defense, we ask only “whether 

the evidence was sufficient for a reasonable jury to conclude that the defendant 

was predisposed to take part” in the crime. Id. at 815. Predisposition may be 

shown “simply by a defendant’s ready commission of the charged crime” or 

“evidence that the defendant was given opportunities to back out of illegal 

transactions but failed to do so.” Id. at 816 (quotation omitted). 

The jury in this case had sufficient evidence to find that Cazy and Saint Cyr

were predisposed to participate in the criminal conspiracy. Most notably, both 

Cazy and Saint Cyr were provided several opportunities to back out, but did not. 

For instance, when the undercover ATF agent voiced concern about the danger 

involved, Cazy reassured him that the robbery would go smoothly. And at another

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meeting, when the agent told Cazy and Saint Cyr that they could complete the 

robbery at a later time, Cazy said that he was ready and Saint Cyr added that he

already had the necessary weapons. Because of this evidence of predisposition, we 

affirm the district court’s denial of appellants’ motion for a judgment of acquittal 

based on their entrapment defenses.

III.

Next, we address appellants’ argument that the district court erred by 

denying their motion to vacate one of the two firearm possession convictions as 

multiplicitous. Specifically, Cazy and Saint Cyr argue that their convictions for 

using, carrying, and possessing a firearm in furtherance of a crime of violence and 

using, carrying, and possessing a firearm in furtherance of a drug trafficking 

offense violate the Double Jeopardy Clause of the Fifth Amendment because both 

convictions are based on precisely the same conduct—possessing firearms

immediately before they were supposed to carry out the stash-house robbery. 

Although we have previously recognized that the Double Jeopardy Clause 

may be implicated where multiple convictions are based on “the same course of 

conduct,” United States v. Rahim, 431 F.3d 753, 758 (11th Cir. 2005) (per curiam), 

any claimed multiplicity does not require reversal in this case because the district 

court imposed concurrent sentences for the two firearm possession convictions. 

Thus, any error was harmless. United States v. Pacchioli, 718 F.3d 1294, 1308 

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(11th Cir. 2013) (stating that where a defendant was sentenced to concurrent terms 

of imprisonment, “any claimed multiplicity in the indictment would have been 

harmless error anyway”). 

IV.

Next, we address Saint Cyr’s argument that there was insufficient evidence 

to convict him of possessing an unregistered silencer. “The evidence is sufficient 

so long as a reasonable trier of fact, choosing among reasonable interpretations of 

the evidence, could find guilt beyond a reasonable doubt.” United States v. DiazBoyzo, 432 F.3d 1264, 1269 (11th Cir. 2005) (per curiam) (quotation omitted). 

Under 26 U.S.C. § 5861(d), it is unlawful for any person to possess a 

silencer that is not registered to him in the National Firearms Registration and 

Transfer Record. See also 26 U.S.C. § 5845 (defining firearm to include 

silencers). The government may prove possession by showing either actual or 

constructive possession. United States v. Perez, 661 F.3d 568, 576 (11th Cir.

2011) (per curiam). The government can prove a defendant’s constructive 

possession of an item by demonstrating that (1) he was aware of the item’s 

presence, and (2) he “had the ability and intent to later exercise dominion and 

control” over the item. Id. 

The district court did not err by denying Saint Cyr’s motion for a judgment 

of acquittal. After Cazy and Saint Cyr were arrested, law enforcement agents 

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found the silencer in Saint Cyr’s rental car, in close proximity to Saint Cyr’s other 

belongings. Beyond that, both the undercover ATF agent and one of Saint Cyr’s 

co-conspirators testified that Saint Cyr had previously told them that he had a 

silencer available for the robbery. Thus, the government presented sufficient 

evidence for a reasonable jury to conclude that Saint Cyr constructively possessed 

an unregistered silencer. 

V.

Finally, we address Saint Cyr’s argument that the district court erred by 

applying a four-level role enhancement under USSG § 3B1.1 and a two-level 

obstruction of justice enhancement under § 3C1.1. We review a district court’s 

enhancement of a defendant’s offense level under both USSG § 3B1.1 and § 3C1.1 

for clear error. United States v. Rendon, 354 F.3d 1320, 1331 (11th Cir. 2003); 

United States v. Singh, 291 F.3d 756, 763 (11th Cir. 2002). 

The Sentencing Guidelines require a four-level enhancement if a defendant 

“was an organizer or leader of a criminal activity that involved five or more 

participants or was otherwise extensive.” USSG § 3B1.1(a). “The factors that a 

sentencing court considers in determining if this enhancement applies are: (1) 

exercise of decision-making authority, (2) nature of participation in the 

commission of the offense, (3) recruitment of accomplices, (4) claimed right to a 

larger share of the fruits of the crime, (5) degree of participation in planning or 

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organizing the offense, (6) nature and scope of the illegal activity, and (7) degree 

of control and authority exercised over others.” Rendon, 354 F.3d at 1331–32

(quotation marks omitted). 

The district court did not clearly err by applying a four-level role 

enhancement. Saint Cyr exercised decision-making authority and controlled other 

members of the conspiracy by assigning his co-conspirators to various roles in the 

robbery. He also recruited another individual and participated extensively in 

planning the offense. Thus, the district court did not clearly err in finding that 

Saint Cyr was an organizer or leader of the criminal conspiracy. 

Neither did the district court clearly err by applying a two-level 

enhancement for willfully obstructing or impeding the administration of justice. 

See USSG § 3C1.1. Specifically, it found that Saint Cyr committed perjury when 

he testified that he did not know about the silencer that was found in his car. This 

conclusion is supported by the testimony of the undercover ATF agent and one of 

Saint Cyr’s co-conspirators, both of whom testified that Saint Cyr planned to use a 

silencer during the robbery. Because we must “defer to the district court’s 

credibility finding[s],” Singh, 291 F.3d at 763–64, Saint Cyr cannot show clear 

error. 

VI.

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For the foregoing reasons, Cazy’s and Saint Cyr’s convictions and Saint 

Cyr’s sentence are AFFIRMED.

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