Part 7: Conspiracies | Defenses | Mere Presence and Mere Association Does Not Equal Co-conspirator.

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),

Please watch:
Part 1: Introduction to Conspiracy Law. Multi-part series exploring criminal conspiracy cases.

Part 2: Conspiracies | Pinkerton Liability | Co-conspirators responsible for each others crimes.

Part 3: Conspiracies | Elements of the crime and Overt Act definition from U.S. v. Rabinowich

Part 4: Conspiracies | Prejudicial Joinder, extrajudicial confession implicates a co-defendant.

Part 5: Conspiracies | Rebuttal use of co-defendant’s statements in trial. Confrontation Clause.

Part 6: Conspiracies | Defenses | Withdrawal (leaving) from the conspiracy. Schorovsky case

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
(619) 357-6677

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