NELSON

v.

UNITED STATES

Citator

Cited By (18 total)

• United States v. Terzado-Madruga, 897 F.2d 1099 (11th Cir. 1990)
  …ticipation in the conspiracy may be established through proof of surrounding circumstances, such as acts committed by the defendant which furthered the purpose of the conspiracy. United States v. Bain, 736 F. 2d 1480, 1485 (11th Cir.), cert. denied, 469 U.S. 937, 105 S.Ct. 340, 83 L.Ed.2d 275 (1984). The superseding indictment in this case alleged twenty overt acts committed by Terzado and his co-conspirators in furtherance of the conspiracy. Since the government elected to allege these overt acts in its i…
• United States v. Mieres-Borges, 919 F.2d 652 (11th Cir. 1990)
  …cipation in a conspiracy may be established through proof of surrounding circumstances such as acts committed by the defendant which furthered the purpose of the conspiracy.” United States v. Bain, 736 F. 2d 1480, 1485 (11th Cir.1984), cert. denied, 469 U.S. 937, 105 S.Ct. 340, 83 L.Ed.2d 275 (1984) (citation omitted). Possession of a controlled substance with intent to distribute may also be shown by either direct or circumstantial evidence. United States v. Pantoja-Soto, 739 F. 2d at 1525 (citing United…
• United States v. Garcia-Rosa, 876 F.2d 209 (1st Cir. 1989)
  …v. Swenson, 397 U.S. 436, 453-54, 90 S.Ct. 1189, 1198-99, 25 L.Ed.2d 469 (1970) (Brennan, J., concurring, joined by Douglas & Marshall, JJ.). Justices Brennan and Marshall continue to advocate this position. See, e.g., Borchardt v. United States, 469 U.S. 937, 940, 105 S.Ct. 341, 343, 83 L.Ed.2d 276 (1984) (Brennan, J., joined by Marshall, J., dissenting from denial of certiorari). Assuming arguendo that Rivera Felici-ano’s claim would be upheld under the same transaction test, we must nonetheless rejec…