BOALBEY

v.

KINDRED

Citator

Cited By (30 total)

• United States v. Phillips, 664 F.2d 971 (5th Cir. 1981)
  …3 (5th Cir. 1980).96 The Government was not required to prove that Fisher participated in every phase of the criminal venture. United States v. Diecidue, 603 F. 2d 535, 557 (5th Cir. 1979), cert. denied, 445 U.S. 946, 100 S.Ct. 1345, 63 L.Ed.2d 781, 446 U.S. 912, 100 S.Ct. 1842, 64 L.Ed.2d 266 (1980). The Government clearly proved that Fisher’s conduct constituted a criminal attempt. Proof of an attempt charge requires a showing that the defendant “engaged in conduct which constitutes a substantial step to…
• United States v. Louin Ray Bright, 630 F.2d 804 (5th Cir. 1980)
  …only one act of bribery, that, in conjunction with the act of extortion is sufficient to sustain a RICO conviction. See United States v. Elliott, 571 F. 2d at 899 n.23. See also United States v. Diecidue, 603 F. 2d 535 (5th Cir. 1979), cert. denied, 446 U.S. 912, 100 S.Ct. 1842, 64 L.Ed.2d 266 (1980). . We are aware that the enterprise conspiracy is designed to avoid the pitfalls of traditional conspiracy law which results in a criminal enterprise being viewed as several small conspiracies rather than one…
• United States v. Martino, 648 F.2d 367 (5th Cir. 1981)
  …titutionally punishes associational status; “its proscriptions are directed against conduct, not status.” Id. at 903. Also in Elliott, and recently reaffirmed in United States v. Diecidue, 603 F. 2d 535 (5th Cir. 1979), cert. denied, 445 U.S. 946, 446 U.S. 912, 100 S.Ct. 1345, 100 S.Ct. 1842, 63 L.Ed.2d 781, 64 L.Ed.2d 266 (1980), we held RICO applicable to a group whose sole purpose was to engage in illegal activities. Appellants request a reconsideration of that position in light of contrary opinions fr…