United States v. James D. Vicars and Joaquin Him Gonzales

Vicars appeals from jury convictions on five drug violation counts, two of them conspiracy counts and three substantive counts. 1 Gonzales was convicted on only the conspiracy counts and appeals therefrom.

Vicars’ major point is that with respect to the conspiracy counts the court gave an “all or nothing” charge, requiring all defendants to be convicted under each conspiracy count if any one defendant was found to be guilty under that conspiracy count. 2 Proceeding count by count through the entire indictment, the court named the respective defendants charged under each count, and carefully…