United States v. David F. Haddad

Sixth Circuit

United States v. David F. Haddad

587 F.2d 12

CourtCourt of Appeals for the Sixth Circuit

DecidedJanuary 22, 1979

Docket77-5108

StatusPublished

This text of 587 F.2d 12 (United States v. David F. Haddad) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. David F. Haddad, 587 F.2d 12 (6th Cir. 1979).

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Opinion

PER CURIAM.

Defendant-appellant was convicted of conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§ 841(a)(1), 846. His conviction was affirmed by this court on appeal, but the Supreme Court of the United States vacated and remanded. Haddad v. United States, 434 U.S. 1057, 98 S.Ct. 1226, 55 L.Ed.2d 758 (1978). Following remand this court ordered that appellant be furnished a complete trial transcript and be permitted to file a supplemental brief. The case is now before the court on the supplemental briefs of the parties, oral argument having been waived.

The only issue raised in the supplemental brief is that the evidence produced at trial failed to establish the existence of a conspiracy and that the district court should have granted appellant’s motion for judgment of acquittal.

Upon examination of the record on appeal the court concludes that there was sufficient competent evidence from which the jury could find the existence of the necessary agreement between the parties which is the basis of the conspiracy charge. The jury was justified in finding from the evidence beyond a reasonable doubt that the activities of defendant-appellant and other parties established more than mere association.

The judgment of the district court is affirmed.

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PER CURIAM.

Defendant-appellant was convicted of conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§ 841(a)(1), 846. His conviction was affirmed by this court on appeal, but the Supreme Court of the United States vacated and remanded. Haddad v. United States, 434 U.S. 1057, 98 S.Ct. 1226, 55 L.Ed.2d 758 (1978). Following remand this court ordered that appellant be furnished a complete trial transcript and be permitted to file a supplemental brief. The case is now before the court on the supplemental briefs of the parties, oral argument having been waived.

The only issue raised in the supplemental brief is that the evidence produced at trial failed to establish the existence of a conspiracy and that the district court should have granted appellant’s motion for judgment of acquittal.

Upon examination of the record on appeal the court concludes that there was sufficient competent evidence from which the jury could find the existence of the necessary agreement between the parties which is the basis of the conspiracy charge. The jury was justified in finding from the evidence beyond a reasonable doubt that the activities of defendant-appellant and other parties established more than mere association.

The judgment of the district court is affirmed.

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587 F.2d 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-david-f-haddad-ca6-1979.

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