WELCH

v.

CARDWELL, WARDEN

Citator

Cited By

• United States v. Ann (LNU) Decker and Larry J. Vice, 543 F.2d 1102 (5th Cir. 1976)
  …The rule is followed in other circuits as well. See, e. g., United States v. Wilner, 523 F. 2d 68 (2d Cir. 1975); Poliafico v. United States, 237 F. 2d 97 (6th Cir. 1956); and United States v. Montgomery, 440 F. 2d 694 (9th Cir. 1971), cert. denied 404 U.S. 884, 92 S.Ct. 221, 30 L.Ed.2d 166. Given the validity and acceptance by this Circuit of vicarious liability in criminal conspiracies, we are faced with the question of whether it should be applicable to a narcotics distribution conspiracy, in effect ma…
• United States v. Binetti, 547 F.2d 265 (5th Cir. 1977)
  …The rule is followed in other circuits as well. See, e. g., United States v. Wilner, 523 F. 2d 68 (2d Cir. 1975); Poliafico v. United States, 237 F. 2d 97 (6th Cir. 1956); and United States v. Montgomery, 440 F. 2d 694 (9th Cir. 1971), cert. denied, 404 U.S. 884, 92 S.Ct. 221, 30 L.Ed.2d 166.” The defendant made a motion for a directed verdict of acquittal after the government presented its case. He did not renew this motion after presenting evidence in his behalf. Where a defendant puts on evidence after…
• United States v. Cioffi, 493 F.2d 1111 (2d Cir. 1974)
  …ination of Goldstein. When Goldstein reported to Scheer what Cioffi had told him to tell Scheer, these conversations were all in furtherance of the conspiracy and hence admissible. United States v. Montgomery, 440 F. 2d 694 (9th Cir.), cert. denied, 404 U.S. 884, 92 S.Ct. 221, 30 L.Ed.2d 166 (1971). The objection that Marando was not named in the indictment as a co-conspirator but was named as such only in the bill of particulars is frivolous. Affirmed. . 18 U.S.C., Section 1503. Influencing or injuring…