United States v. Allan Noel Ingman, 541 F.2d 1329 (9th Cir. 1976). · Go Syfert
United States v. Allan Noel Ingman, 541 F.2d 1329 (9th Cir. 1976). Cases Citing This Book View Copy Cite
30 citation events (8 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Calabrese, Frank (ca7, 2007-06-19)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Calabrese, Frank
7th Cir. · 2007 · confidence medium
E.g., United States v. Reiter, 848 F.2d 336, 340-41 (2d Cir. 1988); United States v. Ingman, 541 F.2d 1329, 1330-31 (9th Cir. 1976) (per curiam).
discussed Cited as authority (rule) United States v. Frank J. Calabrese, Sr., and James Marcello (2×)
7th Cir. · 2007 · confidence medium
E.g., United States v. Reiter, 848 F.2d 336, 340-41 (2d Cir.1988); United States v. Ingman, 541 F.2d 1329, 1330-31 (9th Cir.1976) (per curiam).
discussed Cited as authority (rule) United States v. David L. Smith, United States of America v. Herbert A. Bates
9th Cir. · 2005 · confidence medium
Rather than focus on any one factor, the court considers all the factors together to determine if there was more than one agreement. " `The fact that there is some interrelationship be~ tween conspiracies does not necessarily make them the same criminal enterprise,' where one conspiracy involves unlawful transactions `quite distinct in their means *1001 of execution and their objects.’ ” United States v. Guzman, 852 F.2d 1117, 1121 (9th Cir.1988) (quoting United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir.1976)) (per curiam).
discussed Cited as authority (rule) United States v. Smith
9th Cir. · 2005 · confidence medium
Rather than focus on any one factor, the court considers all the factors together to determine if there was more than one agreement. “ ‘The fact that there is some interrelationship between conspiracies does not necessarily make them the same criminal enterprise,’ where one conspiracy involves unlawful transactions ‘quite distinct in their means of execu- tion and their objects.’ ” United States v. Guzman, 852 F.2d 1117, 1121 (9th Cir. 1988) (quoting United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir. 1976) (per curiam). 5 Title 18 U.S.C. § 371 states, in part: If two or more p…
discussed Cited as authority (rule) United States v. Louis Ziskin
9th Cir. · 2003 · confidence medium
Moreover, “‘[t]he fact that there is some interrelationship between conspiracies does not necessarily make them the same criminal enterprise,’ where one conspiracy involves unlawful transactions ‘quite distinct in their means of execution and their objects.’ ” Id. (quoting United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir.1976) (per curiam)). *945 In denying Ziskin’s first motion to dismiss, the district court considered facts relevant to each of the Arnold factors.
discussed Cited as authority (rule) United States v. Nelson Guzman
9th Cir. · 1988 · confidence medium
“The fact that there is some interrelationship between conspiracies does not necessarily make them the same criminal enterprise,” where one conspiracy involves unlawful transactions “quite distinct in their means of execution and their objects.” United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir.1976) (per curiam). 2.
discussed Cited as authority (rule) United States v. MacDougall
4th Cir. · 1986 · confidence medium
See United States v. Ruggiero, 754 F.2d 927 , 934 n. 13 (11th Cir.) (one overt act can be in furtherance of two conspiracies), cert. denied, — U.S. -, 105 S.Ct. 2661 , 86 L.Ed.2d 277 (1985); United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir.1976) (an action may be in furtherance of two or more conspiracies; some interrelationship between conspiracies does not make them the same criminal enterprise).
discussed Cited as authority (rule) United States v. Donald Bruce MacDougall United States of America v. Kenneth Wayne Gunn, United States of America v. Cleveland Sanders, United States of America v. Michael Lee Harvey, United States of America v. Cleveland Sanders, United States of America v. Kenneth Wayne Gunn, United States of America v. Donald Bruce MacDougall United States of America v. Michael Lee Harvey
4th Cir. · 1986 · confidence medium
See United States v. Ruggiero, 754 F.2d 927 , 934 n. 13 (11th Cir.) (one overt act can be in furtherance of two conspiracies), cert. denied, --- U.S. ----, 105 S.Ct. 2661 , 86 L.Ed.2d 277 (1985); United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir.1976) (an action may be in furtherance of two or more conspiracies; some interrelationship between conspiracies does not make them the same criminal enterprise). 31 We, of course, have considered the three other factors in the five-part totality of the circumstances test, but do not find that they bear as heavily on the ultimate determination of wh…
discussed Cited as authority (rule) State v. Walker (2×)
Wash. Ct. App. · 1979 · confidence medium
United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir. 1976); United States v. Cole, 457 F.2d 1141, 1145 (9th Cir. 1972).
discussed Cited as authority (rule) United States v. William Thomas (2×)
9th Cir. · 1978 · confidence medium
See, e.g., United States v. Weiner, 578 F.2d 757, 776 (9th Cir. 1978); United States v. Walls, 577 F.2d 690, 699 (9th Cir. 1978); United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir. 1976).
cited Cited as authority (rule) United States v. Louis J. Cella, Jr., Stephen R. Evans, Theodore Schiffman, Defendants
9th Cir. · 1978 · confidence medium
United States v. Carpio, 547 F.2d 490, 492 (9th Cir. 1976); United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir. 1976).
discussed Cited as authority (rule) United States v. Alexander Benjamin Chases (2×) also: Cited "see"
9th Cir. · 1977 · confidence medium
Id. at 1331 (citations omitted).
cited Cited as authority (rule) United States v. Stephanie K. Stearns
9th Cir. · 1977 · confidence medium
United States v. Davis, 548 F.2d 840, at 845 (9th Cir. 1977); United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir. 1976); United States v. Meeker, 527 F.2d 12, 14 (9th Cir. 1975).
discussed Cited "see" United States v. Jaime Suniga
9th Cir. · 2010 · signal: see · confidence high
See United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir.1976) (per curiam) (“The fact that there is some interrelationship between conspiracies does not necessarily make them the same criminal enterprise.”).
cited Cited "see" United States v. David Lee Ries, David Lee Ries v. United States
9th Cir. · 1997 · signal: see · confidence high
See id. (quoting United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir.1976)). 1.
discussed Cited "see" United States v. Glenn W. McMurray R. Glade Whiting, and Robert H. Wilstead, Defendants (2×)
10th Cir. · 1980 · signal: see · confidence high
See United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir. 1976).
cited Cited "see" United States v. Alfred Smith, Jr., United States of America v. Irvin Williams, United States of America v. Joseph Komok
9th Cir. · 1978 · signal: see · confidence high
See United States v. Ingman, 541 F.2d 1329, 1331 (9th Cir. 1976); United States v. Meeker, 527 F.2d 12, 14 (9th Cir. 1975).
cited Cited "see" United States v. Alejandra Carpio, United States of America v. Robert Carpio
9th Cir. · 1976 · signal: see · confidence high
See United States v. Ingman, supra. The trial court prohibited the use for impeachment purposes of Freeze’s eleven-year-old felony conviction.
discussed Cited "see, e.g." United States v. Cleophas James Kearney, United States of America v. Eugene Lemon, Jr.
9th Cir. · 1977 · signal: compare · confidence low
Compare Baxter, 492 F.2d at 158 & n.7. 2 Nothing in *1363 United States v. Ingman, 541 F.2d 1329 (9th Cir. 1976) — involving two “hub” conspirators, two groups of conspirators, two geographic areas, two time spans, and hence two conspiracies — provides authority for a contrary conclusion.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Allan Noel INGMAN, Defendant-Appellant
75-2622.
Court of Appeals for the Ninth Circuit.
Sep 21, 1976.
541 F.2d 1329
James Vonash (argued), Seattle, Wash., for defendant-appellant., Harry J. McCarthy, Asst. U. S. Atty. (argued), Seattle, Wash., for plaintiff-appellee.
Choy, Kennedy, Per Curiam, Wong.
Cited by 24 opinions  |  Published
PER CURIAM:

Allan Noel Ingman was convicted for conspiring to violate the narcotics laws of the United States, 21 U.S.C. §§ 846, 963 (the conspiracy count), and for aiding and abetting in the distribution of a Schedule I controlled substance, 21 U.S.C. §§ 841(a), (b)(1)(A), 18 U.S.C. § 2 (the substantive count). On appeal from the conspiracy conviction, he raises minor evidentiary objections and also claims to have been placed twice in jeopardy by reason of a previous trial and acquittal for participation in a drug conspiracy. His sole objection to the conviction on the substantive count is that it is based on insufficient evidence.

On July 16, 1974, the grand jury in the Western District of Washington returned a 15-count indictment, Count I of which named Ingman, twelve codefendants, and ten unindicted coconspirators as participants in a conspiracy to import quantities of cocaine, amphetamine, and marijuana, and to possess these with intent to distribute in the United States. On November 19, 1974 the same grand jury returned a three-count indictment charging in its first count that Ingman and five others conspired to import quantities of amphetamine, heroin, cocaine, marijuana, and lysergic acid diethylamide (LSD), and to possess such with intent to distribute.

Ingman was first tried under the July indictment. He moved for acquittal by reason of insufficient evidence and the motion was granted. A week later he was tried under the November indictment. He moved to dismiss the conspiracy count by a special plea of former jeopardy, based on his acquittal of conspiracy charges at the first trial. The motion was timely renewed during and at the close of trial, and was denied by the court. A jury found Ingman guilty on the conspiracy count and a substantive count.

We cannot agree with appellant’s characterization of the two conspiracies as one and the same. The allegations of the two indictments and the testimony at the two trials convince us that these were in fact two separate conspiracies, and acquittal of participation in the first one did not bar trial for involvement in the second.

The conspiracy charged in the July indictment and proven (as to persons other than Ingman) in the first trial, showed that one Gerald Stoller was the central figure. During the year that the Stoller conspiracy was active, Stoller made trips, frequently by aircraft, between Mexico and the Seattle, Washington area to obtain illegal drugs. The November indictment, by contrast, charges Ingman and members of his immediate family as the central conspirators in separate importation activities during the course of the three and one-half years. The alleged method of importation was by automobile, rather than by airplane. Ingman distributed the drugs to persons not involved in the Stoller conspiracy, primarily his two sons and one Russell Johnson, who in turn sold the contraband in the Yakima, Washington area. The Ingman ring dealt in a number of drugs, but notably heroin and LSD, whereas the Stoller group was not alleged to deal in either of these substances. Stoller, it appears, at one time worked in Ingman’s group, but later struck out on his own. The only connection between the two conspiracies was Ingman’s alleged involvement in a meeting with Stoller and one Melvin Luckie on January 28, 1973 in Tijuana, Mexico. The purpose of the meeting was to introduce Stoller to a source of supply for cocaine, amphetamine, and marijuana.

The fact that the January, 1973 meeting in Mexico is also alleged as an[*1331] overt act in the November indictment does not show that the conspiracies were the same. An action may well be in furtherance of two or more conspiracies. The fact that there is some interrelationship between conspiracies does not necessarily make them the same criminal enterprise. The Stoller group was formed to accomplish unlawful transactions that were quite distinct in their means of execution and their objects from the criminal enterprise undertaken by the Ingman group. The kind of drugs distributed, the means of transport, the place of distribution, and the identities of the principal distributors were different, and the Government therefore had a legitimate interest in prosecuting the two combinations separately. We have previously held that separate elements of time, persons, places, offenses, and overt acts will, if shown to be substantially distinct, support separate conspiracy prosecutions. Arnold v. United States, 336 F.2d 347, 348-49 (9th Cir. 1964), cert. denied, 380 U.S. 982, 85 S.Ct. 1348, 14 L.Ed.2d 275 (1965). The Government has made such a showing here.

We note that determining whether to indict for a single conspiracy or for separate ones requires the Government to make delicate judgments. When separate trials are sought on the theory that there are multiple conspiracies involving disparate individuals with some interrelationships, charges of bad faith multiplicity or pleas of double jeopardy are likely to be raised on appeal. On the other hand, the Supreme Court, and the lower federal courts, have disapproved the practice of trying different offenses involving a number of defendants at one trial. See Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946); United States v. Sperling, 506 F.2d 1323, 1340-41 (2d Cir. 1974), cert. denied, 420 U.S. 962, 95 S.Ct. 1351, 43 L.Ed.2d 439 (1975).

No bad faith .or harassment by the Government was demonstrated here. Further, we are of the opinion that the Government accurately classified the facts in concluding that there were two conspiracies. The district court correctly rejected the defendant’s motions based on double jeopardy.

Appellant raises objections to the introduction of certain evidence. Our examination of the transcript reveals that these contentions are without merit. Admission of the evidence, on this record, was within the discretion of the trial court. In any case, the balance of the evidence supports appellant’s conviction and any claimed error would have been harmless.

Appellant also challenges his conviction on the substantive count, for aiding and abetting his son, James Ingman, in the sale of heroin. We note, however, that appellant’s sentence on the substantive count was ordered to run concurrently with his sentence on the conspiracy count. Since we have determined that appellant’s conviction under the conspiracy count must be affirmed, under the concurrent sentence rule we need not consider his objection to the substantive count. United States v. Meeker, 527 F.2d 12, 14 (9th Cir. 1975); United States v. Westover, 511 F.2d 1154, 1155 n.2 (9th Cir.), cert. denied, 422 U.S. 1009, 95 S.Ct. 2633, 45 L.Ed.2d 673 (1975).

AFFIRMED.