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U.S. v. LaBarbara, No. 96-1391 (2nd Cir.) (129 F.3d 81) (October 31, 1997) (Judge Ralph K. Jr. Winter)

Here the Government presented no direct evidence that the defendant cased any mailings - relying instead solely on circumstantial evidence. While the Court agreed that sometimes circumstantial evidence will suffice, nevertheless the Government must prove every element of a crime beyond a reasonable doubt. The Court found that ther evidence ...

 

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