LEE

v.

UNITED STATES

Citator

Cited By (15 total)

• United States v. Caporale, 806 F.2d 1487 (11th Cir. 1986)
  …courts in this Circuit have looked at three factors: 1) whether a common goal existed, 2) the nature of the scheme, and 3) overlap of participants. Jenkins, supra, 779 F. 2d at 617; United States v. Lee, 695 F. 2d 515, 518 (11th Cir.), cert. denied, 464 U.S. 839, 104 S.Ct. 130, 78 L.Ed.2d 125 (1983). We conclude that there was not a material variance in this case. A reasonable trier of fact could have found that the evidence presented at trial established that Caporale, Pilotto, Gopman, Rubin, Tricario, an…
• United States v. Severo D. Espinosa, 771 F.2d 1382 (10th Cir. 1985)
  …ants who are assisted by counsel is pregnant with the possibility of prejudice.” United States v. Veteto, 701 F. 2d 136, 139 (11th Cir.), cert. denied, sub nom., Wescott v. United States, 463 U.S. 1212, 103 S.Ct. 3548, 77 L.Ed.2d 1396, cert. denied, 464 U.S. 839, 104 S.Ct. 131, 78 L.Ed.2d 127 (1983). In United States v. Maurice, 416 F. 2d 234, 236-37 (9th Cir.1969), it was also held that no prejudice occurred when a defendant’s attorney made comments during opening statement, implicating the co-defendant as…
• United States v. Jones, 913 F.2d 1552 (11th Cir. 1990)
  …only that two or more persons agreed to commit a crime, that the defendant knew of the conspiratorial goal, and that he voluntarily participated in helping to accomplish that goal. United States v. Lee, 695 F. 2d 515, 518 (11th Cir.), cert. denied, 464 U.S. 839, 104 S.Ct. 130, 78 L.Ed.2d 125 (1983). The existence of su<Sh an agreement may be proved by either direct or circumstantial evidence; a common scheme or plan may be inferred from the conduct of the alleged participants or from other circumstances. U…