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U.S. v. Posada-Rios, No. 94-20654 (5th Cir.) (158 F.3d 832) (October 21, 1998) (Judge Simeon T. III Lake)

Here the Fifth Circuit joined the holdings of the Second, Seventh and Eleventh Circuits in holding that the Reves' management and control test does not apply to a RICO conspiracy, conclusing that "Reves addressed only the extent of conduct or participation necessary to violate a substantive provision of the statute: ...

 

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