Quimbee logo
DMCA.com Protection Status
From our private database of 16,600+ case briefs...

United States v. Alvarez

United States Court of Appeals for the Eleventh Circuit
755 F.2d 830 (1985)


In December 1982, undercover agents met Rolando Rios (defendant), Ramon Raymond (defendant), and Eduardo Portal (defendant) to discuss the purchase of two kilograms of cocaine for $147,000. The agents then met Portal and Victoriano Concepcion (defendant) at the Hurricane Motel, where they were introduced to Augustin Alvarez (defendant) and Oscar Hernandez (defendant), the motel owner. While the men awaited the delivery, Alvarez spoke with the agents, stating that he would rather be dead than return to prison. Upon Mario Simon’s (defendant) arrival with the cocaine, backup agents converged on the motel. A gunshot sounded and the officers found that one of the agents had been shot and killed. The United States government (plaintiff) charged Alvarez, Simon, Concepcion, Portal, Hernandez, Raymond, and Rios with conspiracy to possess with intent to distribute. The government also charged Portal, Concepcion, and Hernandez with second-degree murder of a federal agent, and a jury convicted them. Portal, Concepcion, and Hernandez appealed, contending that the murder convictions were based on an inappropriate expansion of liability under Pinkerton v. United States, 328 U.S. 640 (1946), because the murder was not a reasonably foreseeable consequence of the drug conspiracy. The three defendants further argued that even if the murder was reasonably foreseeable, their roles in the drug conspiracy were minor; consequently, they contended they should not bear responsibility for the murder.

Rule of Law


Holding and Reasoning (Kravitch, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 426,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,600 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial