JOHNSON

v.

WAINWRIGHT, CORRECTIONS DIRECTOR

Citator

Cited By

• United States v. Elliott, 571 F.2d 880 (5th Cir. 1978)
  …and other circuits. “An acquittal on a substantive offense does not preclude a verdict of guilty on a [*888] count charging a conspiracy to commit such substantive offense”. United States v. Carlton, 475 F. 2d 104, 106 (5th Cir. 1973), cert. denied, 414 U.S. 842, 94 S.Ct. 100, 38 L.Ed.2d 80. This principle applies with equal force where, as here, the alleged conspiracy had as its purpose far more than the commission of the single substantive offense of which a defendant was acquitted. “The overt act . . . n…
• United States v. Sutherland, 656 F.2d 1181 (5th Cir. 1981)
  …onviction if taken in furtherance of the conspiracy. E. g., United States v. Winter, 509 F. 2d 975, 982 (5th Cir.), cert. denied, 423 U.S. 825, 96 S.Ct. 39, 46 L.Ed.2d 41 (1975); United States v. Carlton, 475 F. 2d 104, 106 (5th Cir.), cert. denied, 414 U.S. 842, 94 S.Ct. 100, 38 L.Ed.2d 80 (1973). In this case the government’s reliance on specific acts of racketeering activity is understandable, for such evidence constitutes convincing circumstantial evidence of an agreement to violate the substantive RI…
• United States v. Alvarez, 610 F.2d 1250 (5th Cir. 1980)
  …endant does not join a conspiracy merely by participating in a substantive offense, see Pinkerton v. United States, 1946, 328 U.S. 640, 643, 66 S.Ct. 1180, 1182, 90 L.Ed. 1489; United States v. Carlton, 5 Cir. 1973, 475 F. 2d 104, 106, cert. denied, 414 U.S. 842, 94 S.Ct. 100, 38 L.Ed.2d 80, or by associating with persons who are members of a conspiracy. Panci v. United States, 5 Cir. 1958, 256 F. 2d 308, 312. It is hornbook law that the criminalization of conspiracy does not proscribe purely a mental state…