The following excerpt is from U.S. v. Gallerani, 68 F.3d 611 (2nd Cir. 1995):
With respect to the substantive counts of the indictment, the trial court attempted to give the jury a "Pinkerton " charge (Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489 (1946)), which allows the jury to find a coconspirator guilty of a substantive offense that was committed by any of his coconspirators in furtherance of the conspiracy. Defendants contend,
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