BRINSON ET AL.

v.

FLORIDA

Citator

Cited By (67 total)

• United States v. Michel, 588 F.2d 986 (5th Cir. 1979)
  …dly applied by this circuit in cases involving drug conspiracies and substantive drug violations. E. g., United States v. Sullivan, supra; United States v. Decker, 543 F. 2d 1102, 1103-04 (5th Cir. 1976), cert. denied sub nom. Vice v. United States, 431 U.S. 906, 97 S.Ct. 1700, 52 L.Ed.2d 390 (1977); United States v. Apollo, 476 F. 2d 156, 162 (5th Cir. 1973). It should be no less strictly applied to hold the organizer or supervisor of a criminal enterprise responsible for the acts of his co-conspirators…
• United States v. Shaw, 701 F.2d 367 (5th Cir. 1983)
  …ed as rigid rules.” Alderman v. Austin, supra, 695 F. 2d at 126 n. 7. [*383] Accordingly, we must determine the effect of the error by the ease-by-case analysis envisioned in United States v. Davis, 546 F. 2d 583, 594 n. 31 (5th Cir.), cert. denied, 431 U.S. 906, 97 S.Ct. 1701, 52 L.Ed.2d 391 (1977). Such a determination requires “an examination of the facts, the trial context of the error, and the prejudice created thereby as juxtaposed against the strength of the evidence of the defendant’s guilt.” United…

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• United States v. Becker, 569 F.2d 951 (5th Cir. 1978)
  …mmitted during his membership by any other member in furtherance of the unlawful agreement.3 Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489 (1946); United States v. Decker, 543 [*959] F. 2d 1102 (5th Cir. 1976), cert. denied, 431 U.S. 906, 97 S.Ct. 1700, 52 L.Ed.2d 390. The effect of the Pinkerton rule is also an important reason for the appellants’ insistence that three conspiracies existed rather than the one alleged, for each conspirator can be found guilty of only the counts asso…