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United States v. Dellosantos
(2×)
The Variance “When ... a defendant asserts a claim of variance premised on the notion that multiple conspiracies existed and that his activities were not part of the charged conspiracy, the initial question ... is one of evidentiary sufficiency.” United States v. Pérez-Ruiz, 353 F.3d 1, 7 (1st Cir.2003); see also United States v. Niemi, 579 F.3d 123, 127 (1st Cir.2009) (“Whether evidence shows one or many conspiracies is a question of fact for the jury and is reviewed only for sufficiency of the evidence.”), cert. denied, — U.S.-, 130 S.Ct. 1912 , 176 L.Ed.2d 385 (2010).
Retrieving the full opinion text from the archive…
Salvador Solorio-Muniz
v.
United States
v.
United States
No. 09-8933.
Supreme Court of the United States.
Mar 22, 2010.
176 L. Ed. 2d 385
Published
Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Same case below, 298 Fed. Appx. 627.