United States of America, Plaintiff-appellee, v. Dwain Knigge, Defendant-appellant, 846 F.2d 591 (9th Cir. 1988)

Annotate this Case
US Court of Appeals for the Ninth Circuit - 846 F.2d 591 (9th Cir. 1988) May 18, 1988

Prior Report: 9th Cir., 832 F.2d 1100.

Before ANDERSON, FERGUSON and NOONAN, Circuit Judges.


ORDER

The Opinion in the above case is amended as follows:

At 832 F.2d at 1103 in the sixth full paragraph, second sentence reading:

That a conspiracy existed involving Knigge and Brownfield was proved by the statements themselves, United States v. Bourjaily, --- U.S. ----, 107 S. Ct. 2775, 2782, 97 L. Ed. 2d 144 (1987), as well by the other evidence of conspiracy set out below:

is replaced by the following:

The district court may consider the co-conspirator's statements themselves in determining whether the preliminary fact of a conspiracy has been proven by a preponderance of the evidence. Bourjaily v. United States, --- U.S. ----, 107 S. Ct. 2775, 2782, 97 L. Ed. 2d 144 (1987). Here, a conspiracy involving Knigge and Brownfield was proved by Brownfield's statements and the following evidence independent of his statements:

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.