IVEY

v.

NASH, WARDEN

Citator

Cited By

• United States v. Quesada, 512 F.2d 1043 (5th Cir. 1975)
  …cord, United States v. Ayres, 434 F. 2d 60 (5th Cir. 1970), cert. denied, 401 U.S. 938, 91 S.Ct. 930, 28 L.Ed.2d 217 (1971); Reese v. United States, 353 F. 2d 732 (5th Cir. 1965); Finley v. United States, 271 F. 2d 777 (5th Cir. 1959), cert. denied, 362 U.S. 979, 80 S.Ct. 1065, 4 L.Ed.2d 1014 (1960). Moreover, the mere fact that Avalos and Castrillon were separately indicted and separately tried does not demonstrate that they were unavailable to him as witnesses. The proof furthermore established that Ava…
• Reese v. United States, 353 F.2d 732 (5th Cir. 1965)
  …proving the overt acts alleged in the indictment, but could show any act of the conspirators, occurring during the life of the conspiracy, for the purpose of proving it.” See also Finley v. United States, 271 F. 2d 777 (5th Cir. 1959), cert. den., 362 U.S. 979, 80 S.Ct. 1065, 4 L.Ed.2d 1014. Finally, the fact that the overt act of selling occurred outside the Columbus Division is immaterial. A conspiracy may be prosecuted either at the place where the conspiracy was formed or at a place where any of the…
• Napolitano v. United States, 340 F.2d 313 (1st Cir. 1965)
  …onspiracy count. We find them without merit. At the same time we remark that since the failure to specify any particular piece of conduct as an overt act does not prevent proof thereof, Finley v. United States, 5 Cir.,1959, 271 F. 2d 777, cert. den. 362 U.S. 979, 80 S.Ct. 1065, 4 L.Ed.2d 1014; United States v. Negro, 2 Cir.,1947, 164 F. 2d 168; Culp v. United States, 8 Cir.,1942, 131 F. 2d 93, 100, the government might have avoided some of the arguments which have been advanced here and below by taking care…