Legal Opinion

United States v. Ernesto De Jesus Gaviria

Court of Appeals for the Fifth Circuit

Decided February 8, 1973No. 72-2291PublishedCited by 6 opinions

1Opinion of the Court

RONEY, Circuit Judge:

The sole ground of appeal from this conviction for conspiracy to distribute and distribution of cocaine [21 U.S.C.A. §§ 846 and 952(a)] is that the circumstantial evidence against appellant was not sufficient to exclude to a moral certainty every reasonable hypothesis except that of guilt, so that there was insufficient evidence to support the conviction.

The government’s theory was that certain co-defendants arranged with United States government undercover agents in French Martinique for an airplane pilot to transport $240,000 worth of cocaine, secreted under the pilot’s…

2Cases cited7 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. William Dennis Riggs v. United StatesCourt of Appeals for the Fifth Circuit · 1960
  3. Carl Roberts and Barbara Bookout v. United States of America, John Cocco v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  4. United States v. John Gordon McGlamoryCourt of Appeals for the Fifth Circuit · 1971
  5. Allen James Harper v. United StatesCourt of Appeals for the Fifth Circuit · 1969

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. United States v. Michael ApolloCourt of Appeals for the Fifth Circuit · 1973
  2. Robinson v. Cattaraugus CountyCourt of Appeals for the Second Circuit · 1998
  3. United States v. Robert Shelran Hamilton, Edward Donald Hamilton, and Clarence BrantleyCourt of Appeals for the Fifth Circuit · 1974
  4. Hernandez v. StateDistrict Court of Appeal of Florida · 1974
  5. Duran v. StateDistrict Court of Appeal of Florida · 1974

1 more not listed; retrieve them via the Exa API.

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