United States v. Dwain Knigge

U.S. Court of Appeals for the Ninth Circuit
United States v. Dwain Knigge, 846 F.2d 591 (9th Cir. 1988)
1988 WL 48050

United States v. Dwain Knigge

Opinion

ORDER

The Opinion in the above case is amended as follows:

At 832 F.2d at 1103 in the sixth full paragraph, second sentence reading:

That a conspiracy existed involving Knigge and Brownfield was proved by the statements themselves, United States v. Bourjaily, — U.S. -, 107 S.Ct. 2775, 2782, 97 L.Ed.2d 144 (1987), as well by the other evidence of conspiracy set out below:

is replaced by the following:

The district court may consider the co-conspirator’s statements themselves in determining whether the preliminary fact of a conspiracy has been proven by a preponderance of the evidence. Bourjaily v. United States, — U.S. -, 107 S.Ct. 2775, 2782, 97 L.Ed.2d 144 (1987). Here, a conspiracy involving Knigge and Brownfield was proved by Brownfield’s statements and the following evidence independent of his statements:

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Dwain KNIGGE, Defendant-Appellant
Cited By
6 cases
Status
Published