Tuesday, August 16, 2011

First Circuit -- US v. Dellosantos

US v. Dellosantos 
US v. Szpyt 

Appellants argue insufficiency of the evidence, but Court holds instead that the evidence at trial prejudicially varied from the charges in the indictment .  The indictment charged that the two defts conspired to distribute cocaine and MJ - here, the Court holds that these were two separate conspiracies, and the disparity between the unitary conspiracy alleged and the double conspiracy proven is sufficient to vacate the convictions.

Concur/dissent - defts had sufficient awareness of the multiple plans to make it a single conspiracy.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.