U.S. v. Iriarte-Ortega, IRIARTE-ORTEG
| Decision Date | 05 November 1997 |
| Docket Number | D,IRIARTE-ORTEG,No. 96-50151,96-50151 |
| Citation | 127 F.3d 1200 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Alfredoefendant-Appellant. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Before: BOOCHEVER, KOZINSKI, and JOHN T. NOONAN, Circuit Judges.
The opinion filed May 9, 1997 , is amended as follows:
Slip op. pg. 5492, lines 11-12 :
Change "fifteen years" to "146 months".
Slip op. pg. 5492, footnote 1, line 1 :
Add .".
Start the next sentence in footnote 1 ("Both the government and Iriarte ...") as a new paragraph.
The petition for rehearing is otherwise denied. The full court has been advised of the suggestion for rehearing en banc and no active judge has requested a vote thereon. The suggestion for rehearing en banc is therefore rejected. Fed. R.App. P. 35(b).
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22 cases
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U.S. v. Doe
...1024 n. 2 (9th Cir.1997) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979)), modified, 127 F.3d 1200 (9th Cir.1997). The same test applies to both jury and bench trials. United States v. Mayberry, 913 F.2d 719, 721 (9th The district court found that......
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Springel v. Prosser (In re Innovative Comm'n Corp.)
... ... 492 U.S. at 64. In a footnote, the Court explains that "however helpful it might be for us to adjudge every pertinent statutory and constitutional issue presented by the 1978 Act and the ... ...
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United Sttaes v. Duenas
...v. Reed, 575 F.3d 900, 923 (9th Cir.2009) (quoting United States v. Iriarte–Ortega, 113 F.3d 1022, 1024 (9th Cir.1997), amended by127 F.3d 1200 (9th Cir.1997)). Lou argues that there was insufficient evidence of her agreement to possess or distribute methamphetamine. She asserts that the go......
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U.S. v. Ching Tang Lo, 03-50608.
...to commit the underlying crime. United States v. Iriarte-Ortega, 113 F.3d 1022, 1024 (9th Cir.1997), amended on denial of reh'g, 127 F.3d 1200 (9th Cir.1997). Proof of the agreement may be based on circumstantial evidence from which the jury may draw an inference of an agreement. Id. at 102......
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3 books & journal articles
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Federal criminal conspiracy.
...of an agreement from the defendants' conduct" (quoting United States v. Iriarte-Ortega, 113 F.3d 1022, 1024 (9th Cir. 1997), amended by, 127 F.3d 1200 (9th Cir. 1997))); United States v. Salgado, 250 F.3d 438, 447 (6th Cir. 2001) (noting conspiracy may be inferred from circumstantial eviden......
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Federal criminal conspiracy.
...of an agreement from the defendants' conduct" (quoting United States v. Iriarte-Ortega, 113 F.3d 1022, 1024 (9th Cir. 1997), amended by, 127 F.3d 1200 (9th Cir. (26.) See Hamling v. United States, 418 U.S. 87, 124 (1974) (noting the existence of agreement to conspire was evidenced by defend......
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Federal criminal conspiracy.
...of an agreement from the defendants' conduct" (quoting United States v. Iriarte-Ortega, 113 F.3d 1022, 1024 (9th Cir. 1997), amendedby, 127 F.3d 1200 (9th Cir. (26.) See Hamling v. United States, 418 U.S. 87, 124 (1974) (noting the existence of agreement to conspire was evidenced by defenda......