BENG-JOC, AKA LEE ET AL.

v.

UNITED STATES

Citator

Cited By

• United States v. Rodriguez, 546 F.2d 302 (9th Cir. 1976)
  …is participation in the separate criminal act which furthers the conspiracy, and for his participation in the conspiracy. Cf., Iannelli, supra, 420 U.S. at 777-778, 95 S.Ct. 1284; United States v. Bishop, 462 F. 2d 127, 128 (9th Cir.), cert. denied, 409 U.S. 951, 93 S.Ct. 296, 34 L.Ed.2d 222 (1972). Convictions based on indictments which contained both of the above counts have been approved by this circuit and others. See e. g., United States v. Rogers, 504 F. 2d 1079, 1083 (5th Cir. 1974), cert. denied, 42…
• United States v. York, 578 F.2d 1036 (5th Cir. 1978)
  …ert. denied, 1975, 423 U.S. 850, 96 S.Ct. 94, 16 L.Ed.2d 74; United States v. Bobo, 4 Cir. 1973, 477 F. 2d 974, cert. denied, 1975, 421 U.S. 909, 95 S.Ct. 1557, 43 L.Ed.2d 774; United States v. Bishop, 9 Cir. 1972, 462 F. 2d 127, cert. denied, 1972, 409 U.S. 951, 93 S.Ct. 296, 341 L.Ed.2d 222. Consequently, proof that a crime had been completed does not absolve the defendants of the attempt. Unlike conspiracy, however, the prosecution may not obtain convictions for both the completed offense and the attemp…
• United States v. Olivas, 558 F.2d 1366 (10th Cir. 1977)
  …unsel. See Powell v. Alabama, 287 U.S. 45, 71, 53 S.Ct. 55, 77 L.Ed. 158. The grant of a continuance is discretionary with the trial court and reviewable only for abuse of discretion. United States v. Tyler, 10 Cir., 459 F. 2d 647, 648, cert. denied 409 U.S. 951, 93 S.Ct. 297, 34 L.Ed.2d 223 and United [*1368] States v. Ledbetter, 10 Cir., 432 F. 2d 1223, 1225. The exercise of that discretion will not be disturbed on appeal in the absence of a clear showing of abuse resulting in manifest injustice. United S…