AMERICAN BITUMULS & ASPHALT CO. ET AL.

v.

UNITED STATES

Citator

Cited By (17 total)

• United States v. Borelli, 336 F.2d 376 (2d Cir. 1964)
  …ince, far from furthering the purposes of the conspiracy, they frustrated it; such confessions, if complete, would be sufficient to make out a withdrawal. The declarations in United States v. Carminati, 247 F. 2d 640, 645-646 (2 Cir.), cert. denied, 355 U.S. 883, 78 S.Ct. 150, 2 L.Ed.2d 113 (1957), also were merely narrative and therefore inadmissible. The “core” members of the conspiracy were incarcerated in United States v. Russano, 257 F. 2d 712 (2 Cir. 1958); this was held to have brought the conspiracy…
• United States v. Varelli, 407 F.2d 735 (7th Cir. 1969)
  …n United States v. Aviles, 274 F. 2d 179 (2d Cir. 1960) the court stated: A single act may be foundation for drawing the actor within the ambit of a conspiracy. See, e. g., United States v. Carminati, 2 Cir., 247 F. 2d 640, certiorari denied, 1957, 355 U.S. 883, 78 S.Ct. 150, 2 L.Ed.2d 113. But, since conviction of conspiracy requires an intent to participate in the unlawful enterprise, the single act must be such that one may reasonably infer from it such an intent. Thus, when two men join together to com…
• United States v. Bentvena, 319 F.2d 916 (2d Cir. 1963)
  …enough to draw a defendant within the ambit of a conspiracy. United States v. Aviles, 274 F. 2d 179 (2d Cir. 1959), cert. denied, 362 U.S. 974, 80 S.Ct. 1057, 4 L.Ed.2d 1009 (1960); United States v. Carminati, 247 F. 2d 640 (2d Cir.), cert. denied, 355 U.S. 883, 78 S.Ct. 150, 2 L.Ed.2d 113 (1957). Since, however, the crime of conspiracy requires an intent to participate in the unlawful enterprise, the single act must be such that one may reasonably infer from it such an intent [*928] or the government must…