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UNITED STATES v. CEPEDA

No. 1176, Docket 85-1034.

768 F.2d 1515 (1985)

UNITED STATES of America, Appellee, v. Isaura Figueroa CEPEDA, Appellant.

United States Court of Appeals, Second Circuit.

Decided August 5, 1985.

Attorney(s) appearing for the Case

Lawrence M. Stern, New York City (Martin L. Schmukler, P.C., New York City), for appellant.

John K. Carroll, Asst. U.S. Atty. (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Bruce A. Green, Asst. U.S. Atty., of counsel), for appellee.

Before KAUFMAN, OAKES and CARDAMONE, Circuit Judges.

OAKES, Circuit Judge:

In 1925 Judge Learned Hand referred to conspiracy as "that darling of the modern prosecutor's nursery." Harrison v. United States, 7 F.2d 259, 263 (2d Cir.1925). Twenty-four years later, Justice Jackson, in a memorable opinion, referred to the history of conspiracy as exemplifying, in Cardozo's phrase, "the `tendency of a principle to expand itself to the limit of its logic,'" protesting that "loose practice...

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