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United States Court of Appeals for the Second Circuit - 336 F.2d 376
Tags: Criminal law, Conspiracy
tl;dr:
The conviction of several individuals in various roles of a drug conspiracy in a joint trial was improper where the judge failed to instruct the jury on single versus multiple conspiracies.Video Summary
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The case involves a conspiracy for a heroin delivery business from 1950 to 1959. The convictions were reversed for a new trial due to a lack of defined submission to the jury. The court examined the application of conspiracy law to the long-term conduct of an illicit business. The lower court's decision is not mentioned. The defendant must promote the venture himself to be held for joining others in a conspiracy. The scope of a defendant's agreement must be determined individually. The court applies the same reasoning to other defendants. The evidence proves Borelli's participation in both phases of the conspiracy beyond a reasonable doubt. Each defendant can only be held responsible for the part of the conspiracy they understood and agreed to, and the statute of limitations begins to run for them when their own agreement terminates. The evidence did not raise any jury issue on withdrawal for Sedotto, Borelli, and Smith. However, Tantillo's case was different, as his later statement and limited contact with the conspiracy raised an issue for the jury to consider withdrawal.
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