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

How later courts describe this case

  • 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”
  • 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
  • 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

UpLaw has not yet analyzed United States v. Gonzalez. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
70 opinions
Distinguished
2 times

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NOTE: THE COURT HAS WITHDRAWN THIS OPINION