Holding that the defendant’s looking left and right in the vicinity of the defendant’s brother’s cocaine deal was not sufficient to show participation in the conspiracy. Rejecting government argument that defendant’s countersurveillance showed knowing participation in conspiracy.
Reviewing mere presence/close association cases and reversing conviction where evidence only showed that defendant was coconspirator’s brother and was present near drug transactions
Full case here: U.S. v. Villegas, 911 F.2d 623 (1990), https://casetext.com/case/us-v-villegas
Please watch:
Part 1: Introduction to Conspiracy Law. Multi-part series exploring criminal conspiracy cases.
https://youtu.be/NwN_FQa1j-E
Part 2: Conspiracies | Pinkerton Liability | Co-conspirators responsible for each others crimes.
https://youtu.be/DOxb4gBrigc
Part 3: Conspiracies | Elements of the crime and Overt Act definition from U.S. v. Rabinowich
https://youtu.be/r5xfQFBYKlc
Part 4: Conspiracies | Prejudicial Joinder, extrajudicial confession implicates a co-defendant.
https://youtu.be/viL8EyqE7MU
Part 5: Conspiracies | Rebuttal use of co-defendant’s statements in trial. Confrontation Clause.
https://youtu.be/IjV7H4FaGeQ
Part 6: Conspiracies | Defenses | Withdrawal (leaving) from the conspiracy. Schorovsky case
https://youtu.be/6FG1mtiIvQ4
Anton Vialtsin, Esq.
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