SMILGUS

v.

BERGMAN ET AL.

Citator

Cited By

• United States v. Seelig, 498 F.2d 109 (5th Cir. 1974)
  …y little merit in Seelig’s contention that he could not be convicted of conspiracy since he was acquitted of the substantive offense. That argument was specifically rejected in 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. The first common assertion of Seelig and Kleinman is that they could not be convicted of conspiracy since a government agent was an essential party to the planned distribution of concaine. Their argument is that since…
• United States v. Tammaro, 636 F.2d 100 (5th Cir. 1981)
  …requires proof of facts not required by the other.” Bacom v. Sullivan, 200 F. 2d 70, 71 (5th Cir. 1952), cert. denied, 345 U.S. 910, 73 S.Ct. 651, 97 L.Ed. 1345 (1953). Accord, United States v. Carlton, 475 F. 2d 104, 107 (5th Cir.), cert. denied, 414 U.S. 842, 94 S.Ct. 100, 38 L.Ed.2d 80 (1973). This circuit, however, in United States v. Marable, 578 F. 2d 151, 153 (5th Cir. 1979) noted that a more detailed examination of the record is required when a claim is made that two conspiracies are in reality…
• United States v. Hairrell, 521 F.2d 1264 (6th Cir. 1975)
  …not violate the constitutional prohibition against double jeopardy. Riadon v. United States, 274 F. 2d 304 (6th Cir.), cert. denied, 364 U.S. 896, 81 S.Ct. 225, 5 L.Ed.2d 189 (1960); United States v. Carlton, 475 F. 2d 104 (5th Cir.), cert. denied, 414 U.S. 842, 94 S.Ct. 100, 38 L.Ed.2d 80 (1973). Defendant was convicted of possessing counterfeit currency at a different time and place in the present case from the time and place involved in the earlier charge. The two offenses are not in law and fact the…