PRESTON
v.
UNITED STATES

U.S. | 1980-05-12
No. 79-5948
446 U.S. 940 Supreme Court of the United States (1980) Caution
Cited by 118 cases

Opinion

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Citator

Cited By (118 total)

  • …2d Cir.1979) (court would limit coconspirator exception to statements made in furtherance of the conspiracy charged or proved, not other conspiracies “found to exist in the factual pattern of the case”), cert, denied sub nom. Prado v. United States, 446 U.S. 940, 100 S.Ct. 2163, 64 L.Ed.2d 795 (1980); United States v. Layton, 549 F.Supp. 903, 916-17 (N.D.Cal.1982) (coconspirator exception limited to statements made in furtherance of conspiracy charged or conspiracy underlying substantive charges). . See Pa…
  • United States v. Milan Bagaric, 706 F.2d 42 (2d Cir. 1983)
    …never before seen and has not seen since, and Logarusic did not regard as suspicious the cavity or wiring. The jury had a right to consider the credibility of this story, United States v. Callabrass, 607 F. 2d 559, 565 (2d Cir.1979), cert. denied, 446 U.S. 940, 100 S.Ct. 2163, 64 L.Ed.2d 794 (1980), and we consider it hardly surprising it preferred, based on the evidentiary materials just summarized, the tale told by the Government. Appellant’s next argument, obviously critical in light of the significan…
  • United States v. Murad Nersesian, 824 F.2d 1294 (2d Cir. 1987)
    …rovince of a properly instructed jury.” United States v. Calbas, 821 F. 2d 887, 892 (2d Cir.1987); accord United States v. Teitler, 802 F. 2d 606, 616 (2d Cir.1986); United States v. Cambindo Valencia, 609 F. 2d 603, 625 (2d Cir.1979), cert. denied, 446 U.S. 940, 100 S.Ct. 2163, 64 L.Ed.2d 795 (1980). In a charge tailored to the facts of this case, the district court instructed the jury on the issue of single versus multiple conspiracies, stressing specifically that “proof of separate conspiracies would n…

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