COLE

v.

UNITED STATES

Citator

Cited By

• 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. Adelard Vachon, 869 F.2d 653 (1st Cir. 1989)
  …viously, if the appellant had raised this point below, the government might have submitted additional evidence. Under these circumstances, we should not consider the point. United States v. Alemany-Rivera, 781 F. 2d 229 (1st Cir.1985), cert. denied, 475 U.S. 1086, 106 S.Ct. 1469, 89 L.Ed.2d 725 (1986) (issue of sufficiency of evidence to sustain conviction was not raised below and was thus not properly before Court of Appeals). In light of the difficulties that counsel has had with appellant, however, we po…