Does a separate trial need to be held for a group of defendants accused of involvement in a conspiracy to distribute heroin?

MultiRegion, United States of America

The following excerpt is from U.S. v. Torres, 901 F.2d 205 (2nd Cir. 1990):

First, although the moving defendants' involvement in the conspiracy and other crimes charged is not alleged to be on a scale with the involvement charged to some of their co-defendants, the moving defendants are themselves charged with serious crimes, including conspiracy to distribute heroin. Further, although defendants' alleged role in the conspiracy "may have been smaller or less central than that of certain other coconspirators, [that] does not mandate a separate trial." [United States v.] Nersesian, 824 F.2d [1294, 1304 (2d Cir.1987), cert. denied, 484 U.S. 957, 958 [108 S.Ct. 355, 357, 98 L.Ed.2d 380, 382] (1987), 1061 [108 S.Ct. 1018, 98 L.Ed.2d 983] (1988) ]; United States v. Vega, 458 F.2d 1234, 1236 (2d Cir.1972), cert. denied, 410 U.S. 982 [93 S.Ct. 1506, 36 L.Ed.2d 177] (1973); United States v. Aloi, 511 F.2d 585, 598 (2d Cir.), cert. denied, 423 U.S. 1015 [96 S.Ct. 447, 46 L.Ed.2d 386] (1975) ("differences in degree of guilt and possibly degree of notoriety," do not necessitate a severance).

Other Questions


Does a guilty plea prevent a defendant from denying his involvement in a conspiracy to distribute or distribute cocaine? (MultiRegion, United States of America)
What is the test for overturning an order denying a defendant bail pending trial on a charge of conspiracy to distribute and possess with intent to distribute crack cocaine? (MultiRegion, United States of America)
What is the test for severing a trial of a defendant who contends that a co-defendant would offer exculpatory testimony at a separate trial? (MultiRegion, United States of America)
Is possession with intent to distribute and actual distribution of heroin a separate criminal offence? (MultiRegion, United States of America)
Is there any federal error in the way that a jury was instructed to convict a defendant of conspiracy to distribute heroin? (MultiRegion, United States of America)
Can a defendant be convicted of conspiracy without any involvement in the conspiracy? (MultiRegion, United States of America)
In a complex multi-defendant conspiracy case, in what circumstances will the jury be able to consider each defendant separately? (MultiRegion, United States of America)
How has the US Supreme Court interpreted the instruction that a finding of conspiracy against a defendant does not mandate acquittal of a defendant where there is evidence of other conspiracies? (MultiRegion, United States of America)
Does a sentence for conspiracy to possess and distribute cocaine need to be separated from a separate sentence? (MultiRegion, United States of America)
What is the record of a jury trial in a murder case involving a defendant accused of a prior assault? ("New York", United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.