IN RE GAINES

Citator

Cited By (71 total)

• United States v. Blasco, 702 F.2d 1315 (11th Cir. 1983)
  …ir presence on the Cohen estate was insufficient to connect them to the drug conspiracy. While mere presence alone is inadequate to link a defendant to a conspiracy, United States v. DeSimone, 660 F. 2d 532, 537 (5th Cir.1981), [*1332] cert. denied, 455 U.S. 1027, 102 S.Ct. 1732, 72 L.Ed.2d 149 (1982), the totality of the circumstances surrounding these appellants’ arrest evidences much more than mere presence. Cf. United States v. Tamargo, 672 F. 2d 887, 889 (11th Cir.), cert. denied, - U.S. -, 103 S.Ct. 14…
• United States v. Pepe, 747 F.2d 632 (11th Cir. 1984)
  …354 (1982); see also United States v. DeSimone, 660 F. 2d 532, 539 (5th Cir. Unit B 1981) (appellant must demonstrate compelling prejudice which could not be alleviated by the trial court and that he was unable to obtain a fair trial), cert. denied, 455 U.S. 1027, 102 S.Ct. 1732, 72 L.Ed.2d 149 (1982). Finally, it should be noted that coconspirators should normally be tried jointly, United States v. Wilson, 657 F. 2d 755, 765 (5th Cir.1981), cert. denied, 455 U.S. 951, 102 S.Ct. 1456, 71 L.Ed.2d 667 (1982),…
• United States v. Cole, 755 F.2d 748 (11th Cir. 1985)
  …s, we must be satisfied that the government proved beyond a reasonable doubt that these appellants had “deliberate, knowing, specific intent to join the conspiracy.” United States v. DeSimone, 660 F. 2d 532, 537 (5th Cir. Unit B 1981), cert. denied, 455 U.S. 1027,102 S.Ct. 1732, 72 L.Ed.2d 149 (1982) (citing United States v. Morado, 454 F. 2d 167, 175 (5th Cir.), cert. denied, 406 U.S. 917, 92 S.Ct. 1767, 32 L.Ed.2d 116 (1972)). It is well-settled law that participation in a conspiracy need not be proved by…