Narrative Opinion Summary
The Ninth Circuit Court of Appeals amended its opinion in the case of United States v. Dwain Knigge, affirming the existence of a conspiracy involving Knigge and Brownfield. The amendment clarifies that the district court is permitted to consider co-conspirator statements when determining if a conspiracy has been proven by a preponderance of the evidence, citing Bourjaily v. United States as precedent. Specifically, the court noted that Brownfield's statements, along with other independent evidence, sufficiently established the conspiracy between the two individuals. The case citation is 846 F.2d 591, and the decision was rendered on May 18, 1988, with Circuit Judges Anderson, Ferguson, and Noonan presiding.
Legal Issues Addressed
Establishing Conspiracy with Independent Evidencesubscribe to see similar legal issues
Application: The court affirmed the existence of a conspiracy with sufficient independent evidence supporting co-conspirator statements.
Reasoning: Specifically, the court noted that Brownfield's statements, along with other independent evidence, sufficiently established the conspiracy between the two individuals.
Use of Co-Conspirator Statementssubscribe to see similar legal issues
Application: The court allows the use of co-conspirator statements to establish the existence of a conspiracy under a preponderance of the evidence standard.
Reasoning: The amendment clarifies that the district court is permitted to consider co-conspirator statements when determining if a conspiracy has been proven by a preponderance of the evidence, citing Bourjaily v. United States as precedent.