LINAM

v.

NEW MEXICO

Citator

Cited By (38 total)

• United States v. Phillips, 664 F.2d 971 (5th Cir. 1981)
  …ch after-the-fact disclosure. Grant’s motion was based on the violation of Rule 6(e) and United States v. Malatesta, 583 F. 2d 748 (5th Cir. 1978), rehearing en banc, 590 F. 2d 1379 (5th Cir.) (adopting panel opinion in relevant part), cert. denied, 444 U.S. 846, 100 S.Ct. 91, 62 L.Ed.2d 59 (1979). He claimed that disclosure to him was necessary in order to enable him to determine whether any abuses had occurred in the manner that the material that had been presented to the first grand jury had been present…
• United States v. Cole, 755 F.2d 748 (11th Cir. 1985)
  …es v. Conway, 632 F. 2d 641, 643 (11th Cir.1980). To be sure, participation in a criminal conspiracy can be inferred from a “development and collection of circumstances.” United States v. Malatesta, 590 F. 2d 1379, 1381 (5th Cir.1981), cert. denied, 444 U.S. 846, 100 S.Ct. 91, 62 L.Ed.2d 59 (quoting Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942)). To prove the existence of a conspiracy, the government must show an agreement or common purpose to violate the law. United States v. Wa…
• United States v. Cruz-Valdez, 773 F.2d 1541 (11th Cir. 1985)
  …racy charged, the government was required to prove beyond a reasonable doubt the existence of a conspiracy, his knowing participation in it and his criminal intent. United States v. Malatesta, 590 F. 2d 1379, 1381 (5th Cir.) (en banc), cert. denied, 444 U.S. 846, 100 S.Ct. 91, 62 L.Ed.2d 59 (1979). As for the substantive count, the government’s burden was to prove beyond a reasonable doubt that he knowingly possessed the marijuana, either actually or constructively, and that he intended to distribute it.…