United States v. Jorge Escobar

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the commission of one offense didn’t need to be proven as an element of the other offense
• severable and distinct offense where there was an insufficient temporal relationship between possession charge and overt acts in the conspiracy
• cocaine possession conviction was not part of federal offense and could therefore be treated as “pri- or sentence” though conduct occurred during the period of time of the continuing criminal enterprise and cocaine trafficking conspiracy to which defendant pleaded guilty
• “We [could] think of no justification for concluding that any possession by Escobar during the three-year time span of the criminal enterprise must automatically be considered as having been committed by him as part of or in furtherance of his criminal enterprise.”
• “We can think of no justification for concluding that any cocaine possession by Escobar during the three-year time span of the criminal enterprise must automatically be considered as having been committed by him as part of or in furtherance of his criminal enterprise.”
• “We can think of no justification for concluding that any cocaine possession by Escobar during the three-year time span of his criminal enterprise must automatically be considered as having been committed by him as part of or in furtherance of his criminal enterprise.”

Source: CourtListener parenthetical corpus (CC0).