· 8/23/1995
95 Cal. Daily Op. Serv. 6657, 95 Daily Journal D.A.R. 11,397 United States of America v. Young Ho Kim, United States of America v. Jeong Suk Kim
Citations
- 65 F.3d 123
- 95 Daily Journal DAR 11397
- 95 Cal. Daily Op. Serv. 6657
- 1995 U.S. App. LEXIS 23917
- 1995 WL 497690
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “knowledge of the unlawful purpose of the conspiracy does not instruct the jury to explicitly find knowledge of” an essential element of the offense
- reversing conviction for conspiracy to structure where the jury was not instructed to find that the defendant had knowledge of the illegality of structuring
- where prosecution \had no reason to introduce . . . evidence\ of element under circuit law at time of trial, sufficiency of evidence as to that element not examined
- appellate court should not \examine the sufficiency of evidence of an element that the [g]overnment was not required to prove under the law . . . at the time of trial because the [g]overnment had no reason to introduce such evidence in the first place\
Source: CourtListener parenthetical corpus (CC0).
Judges: Aldisert, Wiggins, Brunetti
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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