[Download] "United States v. Zuniga-Salinas" by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free

eBook details

Title: United States v. Zuniga-Salinas
Author : United States Court of Appeals for the Fifth Circuit
Release Date : January 23, 1992
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

We determined, sua sponte, to rehear this case en banc, see United States v. Zuniga-Salinas, 947 F.2d 1530 (5th Cir.1991), at the suggestion of the panel, see id. 945 F.2d 1302, 1307 (5th Cir.1991), in order to consider whether a verdict convicting one defendant of conspiracy must be set aside where an inconsistent verdict is returned in the same trial acquitting the sole alleged co-conspirator. Concluding that an inconsistent verdict is not a bar to conviction, we reverse the district courts judgment of acquittal on the conspiracy count. In so doing, we overrule Herman v. United States, 289 F.2d 362 (5th Cir.), cert. denied, 368 U.S. 897, 82 S. Ct. 174, 7 L. Ed. 2d 93 (1961), and its progeny. In all other respects, we reinstate the panel opinion.