UNITED STATES v. MALATESTA

No. 77-5032.

590 F.2d 1379 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel "Danny Blue Eyes", "Billie Blue Eyes" MALATESTA, Jacquelin "Jacquelin Champlin" "Jacquelin Didonna" "Jacquelin Dodaro" "Jackie Champion", Victor Dodaro, Alias "Victor Didonna", Angelo J. Bertolotti, and Vincent Lynch, Alias "Vinnie" "Jack", Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Certiorari Denied March 19, 1979.


Attorney(s) appearing for the Case

Michael Brodsky, Miami, Fla., for Malatesta.

Bernard S. Yedlin, Miami, Fla. (Court-appointed), for Victor Dodaro.

Michael J. Doddo, Miami, Fla. (Court-appointed), for Jacquelin Champlin Dodaro.

Murray M. Silver, Atlanta, Ga., for Bertolotti.

Alan E. Weinstein, Miami Beach, Fla. (Court-appointed), for Lynch.

Jack V. Eskenazi, U. S. Atty., Miami, Fla., John F. Evans, Sp. Atty., U. S. Dept. of Justice, Miami, Fla., Paul J. Brysh, T. George Gilinsky, Sydney M. Glazer, Attys., App. Section, Crim. Div., Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, and COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN and VANCE, Circuit Judges.


COLEMAN, Circuit Judge.

The panel opinion in this case is reported, United States v. Malatesta, 5 Cir. 1978, 583 F.2d 748.

During the course of that opinion it was written:

However, once the existence of a conspiracy and the defendant's participation in it are both established, slight evidence of the defendant's knowledge of the scheme may be sufficient to sustain the jury's finding that he or she was a member...

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