United States v. Samuel S. Smith and Grover Lamar Lee, A/K/A Poss

U.S. Court of Appeals for the Fifth Circuit
United States v. Samuel S. Smith and Grover Lamar Lee, A/K/A Poss, 594 F.2d 1084 (5th Cir. 1979)
1979 U.S. App. LEXIS 14809
Brown, God-Bold, Fay

United States v. Samuel S. Smith and Grover Lamar Lee, A/K/A Poss

Opinion

PER CURIAM:

The Government has filed a petition for rehearing in this case, insisting that the Court based its reversal of appellant Lee’s conviction on errors of law and fact. In response to one of the points raised in the petition, we add clarifying language to the first sentence of the second full paragraph on page 119 1 so that it reads:

The Court should have explained that in order to secure the conviction of -a particular defendant, the Government had to prove two distinct things: (1) that a conspiracy began in late July (and continued through November 16, 1976) and (2) that as part of the common scheme, that defendant knowingly became part of and participated in the conspiracy.

As modified, our opinion stands; the petition for rehearing is DENIED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Samuel S. SMITH and Grover Lamar Lee, A/K/A Poss, Defendants-Appellants
Cited By
6 cases
Status
Published