BERNESSER

v.

UNITED STATES

Citator

Cited By

• United States v. Ross, 131 F.3d 970 (11th Cir. 1997)
  …ion, we must next discuss the sufficiency of the evidence of a conspiracy. Participation in a conspiracy to commit a crime may be inferred from circumstantial evidence. See United States v. Delgado, 903 F. 2d 1495, 1500 (11th Cir.1990) cert. denied, 498 U.S. 1028, 111 S.Ct. 681, 112 L.Ed.2d 673 (1991). “[CJonspiracy to commit a particular substantive offense cannot exist without at least the degree of criminal intent necessary for the substantive offense itself.” Ingram v. United States, 360 U.S. 672, 678, 7…
• United States v. Munoz, 16 F.3d 1116 (11th Cir. 1994)
  …654, 661 (11th Cir.1983), cert. denied, 465 U.S. 1030, 104 S.Ct. 1295, 79 L.Ed.2d 695 (1984). Participation in a conspiracy may be inferred from circumstantial evidence. United States v. Delgado, 903 F. 2d 1495, 1500 (11th Cir.1990), cert. denied, 498 U.S. 1028, 111 S.Ct. 681, 112 L.Ed.2d 673 (1991). We conclude that under these standards the evidence is sufficient to sustain the convictions. One fact that stands out in this case, and distinguishes it from other boat cases on which the appellants rely, i…
• United States v. Taddeo, 987 F.2d 139 (2d Cir. 1993)
  …ve held that a failure by the court to give the defendant that advice requires vacation of the plea. See United States v. Journet, 544 F. 2d 633, 636 (2d Cir.1976); see generally United States v. Khan, 869 F. 2d 661, 662 (2d Cir.1989), cert. denied, 498 U.S. 1028, 111 S.Ct. 682, 112 L.Ed.2d 674 (1991). Rule 11(h), however, provides that “[a]ny variance from the procedures required by this rule which does not affect substantial rights shall be disregarded.” Fed.R.Crim.P. 11(h). In the present case, Taddeo pl…