Is there sufficient evidence to convict a defendant of conspiracy?

MultiRegion, United States of America

The following excerpt is from U.S. v. Kostov, 930 F.2d 30 (9th Cir. 1991):

Kostov argues that there was insufficient evidence to establish a conspiracy since other than associational factors, no evidence connected him to the July 22 arson or to mail fraud. Sufficient evidence to support a conspiracy conviction exists if "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Adler, 862 F.2d at 214. Once a conspiracy is established, the defendant need only have a slight connection to link him with the conspiracy. United States v. Hernandez, 876 F.2d 774, 779 (9th Cir.), cert. denied, --- U.S. ----, 110 S.Ct. 179, 107 L.Ed.2d 135 (1989). Circumstantial evidence may prove the existence of a conspiracy--the agreement need not be explicit. United States v. Penagos, 823 F.2d 346, 348 (9th Cir.1987).

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