Thursday, September 01, 2011

First Circuit -- US v. Mubayyid

Government variance from the particular object of the conspiracy alleged in the indictment should not have barred conviction on a narrower conspiracy.

In that the tax fraud question was at most arguably ambiguous, its ambiguity was properly a matter for the jury.

Sufficient evidence for tax convictions.

Gov't had only to prove concealment of either of two facts described in the conjunctive in the indictment.  (A double preposition, yes.  Moving on.)

Harmless error in admission of phone conversation.

Deft argument that terrorist-type evidence presented to establish conspiracy created a retroactive misjoinder id TKO'd by circuit reversal on conspiracy, above


US v. Mubayyid 
US v. Al-Monla 
US v. Muntasser 
US v. Muntasser 
US v. Mubayyid
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.