Legal Opinion
United States v. Jesus Mendez
Court of Appeals for the Fifth Circuit
Decided June 20, 1974No. 73-3186PublishedCited by 17 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
Appellant Jesus Mendez was convicted of conspiring, to possess with intent to distribute a quantity of marijuana in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2. We reverse and remand for a new trial because of improper admission of particularly damaging testimony.
The essential elements of a conspiracy are an agreement by two or more persons to commit an offense against the United States followed by an overt act committed by one of the conspirators in furtherance of the conspiracy. United States v. Sutherland, 5 Cir. 1972, 463 F.2d 641, cert. denied, 1972, 409 U.S.…
2Cases cited12 opinions
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Carl Roberts and Barbara Bookout v. United States of America, John Cocco v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- United States v. Michael ApolloCourt of Appeals for the Fifth Circuit · 1973
- George Herman v. United StatesCourt of Appeals for the Fifth Circuit · 1961
- United States v. Ben Herbert SutherlandCourt of Appeals for the Fifth Circuit · 1972
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. ManbeckCourt of Appeals for the Fourth Circuit · 1984
- United States v. Lonnie M. Brown, Robert L. Newsome, James B. Finney, Julian E. Seymour, Jr., and Benjamin Clyde Cranford, Jr.Court of Appeals for the Fifth Circuit · 1977
- United States v. Fred Lacoy Smith and Woodrow Wilson Wallace, Jr.Court of Appeals for the Fifth Circuit · 1977
- United States v. Edward Rodriguez, A/K/A Rick, Thomas J. Albernaz, Peter Smigowski, and William John MartinsCourt of Appeals for the Fifth Circuit · 1978
- United States v. David M. MartinCourt of Appeals for the Fifth Circuit · 1986
12 more not listed; retrieve them via the Exa API.