FLETCHER

v.

PENNSYLVANIA

Citator

Cited By (19 total)

• United States v. Borelli, 336 F.2d 376 (2d Cir. 1964)
  …m; this was admissible against Borelli only if other evidence permitted the inference that he had associated himself with the continuing venture. See United States v. Reina, 242 F. 2d 302, 306 (2 Cir.), cert. denied sub nom. Moccio v. United States, 354 U.S. 913, 77 S.Ct. 1294, 1 L.Ed.2d 1427 (1957). Borelli had been one of the first purchasers, in May, 1951. Prom that time until late in 1955, deliveries to him were so frequent and so large as to suggest strongly that he was a continuing customer on whom…
• United States v. Vito Agueci, 310 F.2d 817 (2d Cir. 1962)
  …denied, 362 U.S. 974, 80 S.Ct. 1057, 4 L.Ed.2d 1009 (1960); United States v. Stromberg, 268 F. 2d 256, 267 (2d Cir.), cert. denied, 361 U.S. 863, 80 S.Ct. 119, 4 L.Ed.2d 102 (1959); United States v. Reina, 242 F. 2d 302, 306 (2d Cir.), cert. denied, 354 U.S. 913, 77 S. Ct. 1294, 1 L.Ed.2d 1427 (1957); United States v. Koch, 113 F. 2d 982 (2d Cir., 1940). But, these cases also make it clear that the so-called single-transaction rule is not an arbitrary rule which is to be applied rigidly and without reason.…
• United States v. Bentvena, 319 F.2d 916 (2d Cir. 1963)
  …from it such an intent [*928] or the government must submit independent evidence that the defendant knew of the conspiracy and associated himself with it. United States v. Aviles, supra; United States v. Reina, 242 F. 2d 302 (2d Cir.), cert. denied, 354 U.S. 913, 77 S.Ct. 1294, 1 L.Ed.2d 1427 (1957); United States v. Koch, 113 F. 2d 982 (2d Cir. 1940). We find here, as we did in United States v. Agueci, supra, that there was independent evidence from which Fernandez’ knowledge of, and desire to participate…