UNITED STATES v. CHIANTESE

No. 75-3534.

560 F.2d 1244 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Joseph CHIANTESE and John Joseph Cerrella, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 14, 1977.


Attorney(s) appearing for the Case

George D. Gold, Miami, Fla., James J. Hogan, Miami Beach, Fla., for defendants-appellants.

Jack V. Eskenazi, U. S. Atty., Miami, Fla., Ann T. Wallace, George S. Kopp, Atty., Dept. of Justice, Washington, D. C., Gary L. Betz, Special Atty., Dept. of Justice, Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and TUTTLE, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL, and FAY, Circuit Judges.


CLARK, Circuit Judge:

The inconsistency of our decisions on how a jury may be instructed on proof of intent and a much too frequent recurrence of erroneous charges warrant this en banc review and a new solution. The simple appearance of the issue is deceptive. To say that specific intent may be inferred from a defendant's knowing conduct seems only to iterate a truism. The problems start when words are changed or added which shift the prosecution's burden of proof...

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