ROGERS ET AL.

v.

UNITED STATES

Citator

Cited By (126 total)

• United States v. Geaney, 417 F.2d 1116 (2d Cir. 1969)
  …ted proves to be insufficient to justify submitting to the jury the issue of defendant’s alleged guilty involvement with the declarant.” See also United States v. Borelli, 336 F. 2d 376, 387 (2 Cir. 1964), cert. denied, Cinquegrano v. United States, 379 U.S. 960, 85 S.Ct. 647, 13 L.Ed.2d 555 (1965); United States v. Corallo, 413 F. 2d 1306, 1324-1325 (2 Cir. 1969). To require that the independent proof necessary to admit utterances of one conspirator against another should be sufficient for submission of t…
• United States v. Carmine Tramunti, 513 F.2d 1087 (2d Cir. 1975)
  …y one conspiracy you must find the defendants not guilty.” This was held, 485 F. 2d at 497, not to be a prejudicial “all or nothing” charge condemned in United States v. Borelli, 336 F. 2d 376 (2d Cir. 1964), cert. denied, Mogavero v. United States, 379 U.S. 960, 85 S.Ct. 647, 13 L.Ed.2d 555 (1965), since it was made “perfectly clear to the jury that if each of the defendants was not a knowing participant in the single conspiracy he must be acquitted.” . Only Mamone complains of this marshaling upon appeal…
• United States v. Kelly, 349 F.2d 720 (2d Cir. 1965)
  …ck was not, the trial judge lumped them all together and gave the “all or nothing” charge condemned by Judge Friendly in United States v. Borelli, 2 Cir., 1964, 336 F. 2d 376, 384-386 & n. 4, cert. denied sub nom. Cinquegrano v. United States, 1965, 379 U.S. 960, 85 S.Ct. 647, 13 L.Ed.2d 555. Thus, in this case, the trial judge instructed the jury: “In analyzing the evidence you must determine whether there was a single, continuing overall conspiracy or separate, independent conspiracies with separate and…