Legal Opinion
United States v. Ernesto Tercero, United States of America v. Juan Antonio Tercero
Court of Appeals for the Eighth Circuit
Decided July 14, 1978No. 78-1106, 78-1107PublishedCited by 54 opinions
1Opinion of the Court
STEPHENSON, Circuit Judge.
This case presents the difficult question of whether two marihuana conspiracies charged in the District of Arizona and the District of Minnesota are in reality one single conspiracy for purposes of the Fifth Amendment guarantee against double jeopardy.
On May 17,1976, the United States grand jury for the District of Minnesota returned a multi-count indictment charging Ernesto Tercero, his brother Juan Antonio Tercero, and others with conspiracy to import into the United States 1 and distribute 2 marihuana. 3 The conspiracy was alleged to have commenced on an unknown…
2Cases cited23 opinions
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Berger v. United StatesSupreme Court of the United States · 1935
- Ashe v. SwensonSupreme Court of the United States · 1970
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. ScottSupreme Court of the United States · 1978
18 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981
- United States v. Thomas James SinitoCourt of Appeals for the Sixth Circuit · 1984
- United States v. William M. Percival, Carolyn Allen Percival, Randy L. Middleton, DefendantsCourt of Appeals for the Seventh Circuit · 1985
- United States v. Marisa Lemm, United States of America v. Phyllis Ellen Stonys, United States of America v. Val Bolton MagheeCourt of Appeals for the Eighth Circuit · 1982
- United States v. Charles S. RaginsCourt of Appeals for the Fourth Circuit · 1988
49 more not listed; retrieve them via the Exa API.