What is the test for establishing an unlawful agreement or understanding?
MultiRegion, United States of America
The following excerpt is from U.S. v. Nash, 50 F.3d 17 (9th Cir. 1995):
It is sufficient if the acts and conduct of a defendant were of such character that the minds of reasonable men could conclude therefrom that an unlawful agreement or understanding existed, and that the defendant with knowledge of the existence of the unlawful enterprise, acted to further it.
United States v. Knight, 416 F.2d 1181, 1184 (9th Cir.1969).
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