BAWCUM

v.

MARSH, SECRETARY OF THE ARMY

Citator

Cited By

• United States v. Gomez-Pabon, 911 F.2d 847 (1st Cir. 1990)
  …t the substantive offense.” United States v. Rivera-Santiago, 872 F. 2d 1073, 1079 (1st Cir.), cert. denied, — U.S. -, 109 S.Ct. 3227, 106 L.Ed.2d 576 (1989); see also United States v. Alemany Rivera, 781 F. 2d 229, 234 (1st Cir.1985), cert. denied, 475 U.S. 1086, 106 S.Ct. 1469, 89 L.Ed.2d 725 (1986). Such proof may consist of circumstantial evidence, including inferences from surrounding circumstances, such as acts committed by the defendant that furthered the conspiracy’s purposes. See, e.g., United Sta…
• United States v. Pacheco-Ortiz, 889 F.2d 301 (1st Cir. 1989)
  …st prove “intent to agree and intent to commit the substantive offense.” Id. The evidence need not be direct; agreement and intent may be proved circumstantially. Id.; United States v. Alemany Rivera, 781 F. 2d 229, 234 (1st Cir.1985), cert. denied, 475 U.S. 1086, 106 S.Ct. 1469, 89 L.Ed.2d 725 (1986). Moreover, “a conspiratorial agreement need not be express, but may consist of no more than a tacit understanding.” Id. However, the government must prove “that each defendant knowingly and intentionally joined…
• United States v. Perkins, 926 F.2d 1271 (1st Cir. 1991)
  …reversed only upon the appellant’s maintenance of the heavy burden of showing substantial prejudice as a result of joint trial, amounting to a miscarriage of justice. United States v. Alemany Rivera, 781 F. 2d 229, 238 (1st Cir.1985), cert. denied, 475 U.S. 1086, 106 S.Ct. 1469, 89 L.Ed.2d 725 (1986); United States v. Bautista, 731 F. 2d 97, 99-100 (1st Cir.1984); United States v. Arruda, 715 F. 2d 671, 679 (1st Cir.1983). Lois Perkins claims, first, that there was prejudice because her husband would have…