EL
v.
UNITED STATES

U.S. | 1971-10-26
No. 71-5092
404 U.S. 913 Supreme Court of the United States (1971) Negative Treatment
Cited by 51 cases

Opinion

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Citator

Cited By (50 total)

  • United States v. Rodriguez, 612 F.2d 906 (5th Cir. 1980)
    …at 54, 63 S.Ct. at 102, 87 L.Ed. at 28 (emphasis supplied) (citations omitted). Thus Braverman was clearly limited to the statutory construction of the general conspiracy statute.16 In United States v. Mori, 444 F. 2d 240 (5th Cir.), cert. denied, 404 U.S. 913, 92 S.Ct. 238, 30 L.Ed.2d 187 (1971), this Court extended Braverman to a situation involving convictions under the general conspiracy statute and under a specific conspiracy statute, 21 U.S.C.A. § 174. Section 174, now repealed, proscribed conspirac…
  • United States v. Murray, 618 F.2d 892 (2d Cir. 1980)
    …to smuggle drugs in violation of the general federal conspiracy statute, 18 U.S.C. § 371. See 508 F. 2d at 569. But see United States v. Corral, 578 F. 2d 570, 572 (5th Cir. 1978); United States v. Mori, 444 F. 2d 240, 245 (5th Cir.), cert. denied, 404 U.S. 913, 92 S.Ct. 238, 30 L.Ed.2d 187 (1971). . This argument was apparently the only basis for defendants’ pre-trial motion to strike the indictment as duplicitous. It was not duplicitous to allege in a single count that the conspiracy involved both cocai…
  • United States v. Rodriguez, 585 F.2d 1234 (5th Cir. 1978)
    …different illegal objectives, where a single agreement violates both statutes, the defendants have engaged only in one conspiracy and may be punished only once. See also United States v. Mori, 5 Cir. 1971, 444 F. 2d 240, 241-245, cert. denied, 1971, 404 U.S. 913, 92 S.Ct. 238, 30 L.Ed.2d 187, where this court held that, under the facts, an agreement to import a narcotic drug and an agreement to travel in foreign commerce to promote unlawful activity were but one conspiracy and sentence must be imposed on on…

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