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U.S. v. Montilla-Davila

May 1, 1991

UNITED STATES OF AMERICA
v.
JUAN BASILLIO MONTILLA-DAVILA A/K/A KHADAFI, APPELLANT



ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA; (D.C. Criminal No. 89-00205-01); District Judge: Hon. William W. Caldwell.

Becker, Nygaard and Alito, Circuit Judges.

JUDGMENT ORDER

After considering the contentions raised by appellant, to-wit: (1) the trial court erred by not instructing the jury that conviction for a conspiracy alleged in the indictment to have had multiple objectives required proof that the defendant conspired to achieve all of the objectives; (2) the trial court erred by instructing the jury that the defendant could be convicted if he conspired with unnamed conspirators; and (3) the use of appellant's alias during the course of the trial constituted prosecutorial misconduct, it is

ADJUDGED and ORDERED that the judgment of the district court be and is hereby affirmed.

19910501

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