VIGGIANO

v.

UNITED STATES

Citator

Cited By (39 total)

• United States v. Elliott, 571 F.2d 880 (5th Cir. 1978)
  …n the indictment in proving a conspiracy; it may show other acts of the conspirators occurring during the life of the conspiracy. United States v. Perez, supra, 489 F. 2d at 70; United States v. Ayres, 434 F. 2d 60, 62 (5th Cir. 1970), cert. denied, 401 U.S. 938, 91 S.Ct. 930, 28 L.Ed.2d 217 (1971). This rule works no injustice in this case because the indictment put each defendant on notice that overt acts of narcotics trafficking might be proved at trial. We are not unmindful of counsel’s argument that n…

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• United States v. Mayo Perez, 489 F.2d 51 (5th Cir. 1973)
  …nt is not limited to overt acts pleaded in proving a conspiracy. It may show other acts of the conspirators occurring during the life of the conspiracy. United States v. Ayres, 5 Cir., 1970, 434 F. 2d 60, cert. denied, Sidney v. United States, 1971, 401 U.S. 938, 91 S.Ct. 930, 28 L.Ed.2d 217; Reese v. United States, 5 Cir., 1965, 353 F. 2d 732. Thus, we find unconvincing appellant’s argument that they were surprised by the government’s proof adduced at trial of additional accidents not stated in the indictm…
• United States v. Chan Walker Zielie, 734 F.2d 1447 (11th Cir. 1984)
  …of the conspiracy.” United States v. Perez, 489 F. 2d 51, 70 (5th Cir.), cert. denied, 417 U.S. 945, 94 S.Ct. 3067, 41 L.Ed.2d 664 (1973). Accord, United States v. Ayres, 434 F. 2d 60 (5th Cir.1970), cert. denied sub nom., Sidney v. United States, 401 U.S. 938, 91 S.Ct. 930, 28 L.Ed.2d 217 (1971). In this case, because the evidence of the other transactions was offered to prove the conspiracy charged in Count Sixteen, its admission was proper. At the close of the government’s case-in-chief Zielie moved…