United States v. Alvarez Case Brief Summary | Law Case Explained

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United States v. Alvarez | 625 F.2d 1196 (1980)

Conspiracy requires an agreement between two or more people to commit a crime. But there’s rarely direct evidence of such agreement because criminals don’t typically write down their agreements or verbalize them in obvious terms. How then, can a prosecutor prove an agreement without direct evidence? The Fifth Circuit answered that question in United States versus Alvarez.

John Cifarrelli and Edward Peterson told undercover agents from the Drug Enforcement Agency about their plan to fly marijuana from a farm in Colombia to a remote off-loading site near Miami. The agents agreed to supply a plane.

Several days later, Genaro Cruz, who owned the Colombian farm, arrived in Miami and stayed with his friend, Manuel Alvarez. The next day, Alvarez and Cruz drove a pickup truck full of household appliances to the airport, and Cifarrelli directed them to the plane that the agents had supplied.

When the agents saw Alvarez, they asked Cifarrelli who he was. Cifarrelli told them that Alvarez would be waiting at the remote off-loading site when the plane returned to Florida. The agents then discussed the smuggling plan with Cruz, who confirmed he would supply marijuana from his farm. Next, the agents directly asked Alvarez if he would be at the off-loading site when the plane returned. He smiled and nodded his head. After Alvarez unloaded the appliances from the truck and prepared to drive away, the agents arrested all three men.

The United States government subsequently charged Cifarrelli, Peterson, Cruz, and Alvarez with conspiracy to import marijuana. The case against Peterson was dismissed and Cifarrelli pleaded guilty.

Ultimately, a jury convicted Cruz and Alvarez in a joint trial. Alvarez appealed, arguing that the evidence was insufficient to prove that he agreed to import marijuana. A three-judge panel of the Fifth Circuit agreed and reversed Alvarez’s conviction. The Fifth Circuit then granted an en banc review.

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