United States v. Garcia
United States Court of Appeals for the Ninth Circuit
151 F.3d 1243 (1998)
- Written by Kelli Lanski, JD
Facts
Leon Garcia (defendant) was a member of a gang. One evening, he arrived at a gathering where members of his gang and a rival gang were present. After some arguing, a fight broke out, and shots were fired. Garcia and several others were wounded by gunfire. There was no evidence that Garcia had a gun or shot anyone. Garcia was charged with conspiracy to commit assault. At his trial, the government did not present any evidence that Garcia or anyone in the fight had reached an agreement to commit assaults on rival-gang members; it presented evidence merely that the evening was chaotic and that participants in the fight were members of rival gangs. Garcia was convicted and appealed, arguing that the evidence was not sufficient to support a conspiracy conviction.
Rule of Law
Issue
Holding and Reasoning (Reinhardt, J.)
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