United States v.
Alvarez: (MINOR PLAYERS)When a
co-conspirator is in a position such that it is reasonably
foreseeable to him that an unintended crime might occur, he can be
held responsible for that crime if it indeed occurs; those not in
such a position will be more likely to escape responsibility for the
crime. The government
was not required to prove that Alvarez had knowledge of all the
details of the conspiracy or each of its members, provided that [the]
prosecution established his knowled of the essential of the
conspiracy. Nor can a defendant escape criminal responsibility on the
grounds that he did not join the conspiracy until well after its
inception, or because he plays a minor role in the total scheme. The
fact that Alvarez knew he was coming back probably gave him the sort
of volume of use as a manual laborer that he normally would not have
gotten. [you can imagine a due
process objection to this ruling]
- Pinkerton Rule: An overt act of one partner may be the act of all without any new agreement specifically directed to the act.
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