Opinion · Court of Appeals for the Fifth Circuit
United States v. Gonzalez
76 F.3d 1339
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1996-01-29
- Topic
- litigation
holding that a not guilty plea to “raises the issue of intent sufficiently to justify the admission of Rule 404(b) evidence” | holding that, in a conspiracy case, evidence defendant had been charged in a similar crime “raises the issue of intent sufficiently to justify the admission of Rule 404(b) evidence” | holding that, in a conspiracy case, evidence defendant had been charged in a similar crime "raises the issue of intent sufficiently to justify the admission of Rule 404(b) evidence" | reviewing de novo denial of motion to dismiss indictment on double jeopardy grounds | “Because the PSR has sufficient indicia of reliability to support its probable accuracy, it may be considered ' as evidence by the trial court at sentencing.” | no double jeopardy in criminal prosecution where, prior to criminal conviction, no final administrative action nor other adjudication of civil liability had occurred in civil forfeiture proceeding | “Because the PSR has sufficient indicia of reliability to support its probable accuracy, it may be considered as evidence by the trial court at sentencing.” | to convict for narcotics conspiracy, Government must prove existence of agreement - 4 - to violate drug-trafficking laws, defendant’s knowledge of agreement, and defendant’s voluntary participation in agreement
Citator
- Cited by
- 36 opinions
74 F.3d 620w
UNITED STATES of America, Plaintiff-Appellee,
v.
Joel GONZALEZ and Jose Francisco Gomez, Defendants-Appellants.
No. 94-60342.
United States Court of Appeals,
Fifth Circuit.
Jan. 26, 1996.
NOTE: THE COURT HAS WITHDRAWN THIS OPINION