U.S. v. GARCIA

No. 97-10377.

151 F.3d 1243 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Leon GARCIA, aka Cody Garcia, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1998.


Attorney(s) appearing for the Case

Arthur J. Hutton, Tucson, AZ, for defendant-appellant.

Terry L. Chandler, Assistant United States Attorney, Tucson, AZ, for plaintiff-appellee.

Before: REINHARDT, NOONAN, and THOMPSON, Circuit Judges.


REINHARDT, Circuit Judge:

In this case, we consider whether testimony regarding the existence of an implicit, general agreement among gang members to support one another in fights against rival gangs can constitute sufficient evidence to support a conviction of conspiracy to commit assault when the conduct of the alleged conspirators is otherwise insufficient.

One evening, a confrontation broke out between rival gangs at a party on the Pasqua Yaqui Indian...

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