CARBONE ET AL.

v.

UNITED STATES

Citator

Cited By (22 total)

• United States v. Alphonse Sisca, 503 F.2d 1337 (2d Cir. 1974)
  …of the telephone, we may not properly consider the substance of intercepted telephone conversations in weighing the sufficiency of the evidence against him on the conspiracy count. Cf. United States v. Carbone, 378 F. 2d 420 (2 Cir.), cert. denied, 389 U.S. 914 (1967). Sisca’s contentions and offers of proof with respect to electronic and visual identification inadequacies were properly addressed to the jury which rejected them. . Other members of the conspiracy regularly used such obtuse but, in the con…
• United States v. Greene, 497 F.2d 1068 (7th Cir. 1974)
  …separate trial of an issue previously tried and determined in favor of defendant— may not be as closely related as Justice Holmes thought. However, as Judge Friendly noted in United States v. Carbone, 378 F. 2d 420, 422 (2d Cir. 1967), cert. denied, 389 U.S. 914, 88 S.Ct. 242, 19 L.Ed.2d 262, “the argument [in Dunn] was in no way essential to [Holmes’] conclusion.” Rather, the holding of Dunn can be supported independently from Holmes’ dicta. The true rationale for the rule permitting inconsistent verdicts…
• United States v. Brown, 776 F.2d 397 (2d Cir. 1985)
  …count would not have done so. Dunn v. United States, 284 U.S. 390, 52 S.Ct. 189, 76 L.Ed. 356 (1932) (Holmes, J.); Steckler v. United States, 7 F. 2d 59, 60 (2 Cir.192,5) (L. Hand, J.); United States v. Carbone, 378 F. 2d 420 (2 Cir.), cert. denied, 389 U.S. 914, 88 S.Ct. 242, 19 L.Ed.2d 262 (1967).8 A review of the evidence against Brown convinces us that it was sufficient, even without Grimball’s characterization of Brown as a steerer, although barely so.9 [*403] Although Brown’s mere presence at the sce…