The following excerpt is from U.S. v. Gaviria, 805 F.2d 1108 (2nd Cir. 1986):
A conviction for conspiracy requires that the jury find, beyond a reasonable doubt, that the defendant participated in the conspiracy, and not that he merely associated with the conspirators. See United States v. Martino, 759 F.2d 998, 1002-03 (2d Cir.1985). The law is clear that "the existence of a conspiracy, and a defendant's membership in it, may be proved entirely by circumstantial evidence." Id. at 1002. What is pertinent here is that "[s]eemingly innocent acts taken individually may indicate complicity when viewed collectively and with reference to the circumstances in general." United States v. Mariani, 725 F.2d at 865-66. In a case in which the evidence supports a reasonable inference that prior arrangements had been made, and that a working relationship existed between the defendant and the alleged co-conspirators, this court has held that the evidence is sufficient to support a finding of a conspiracy agreement. See United States v. Brown, 776 F.2d 397, 402-03 (2d Cir.1985), cert. denied, --- U.S. ----, 106 S.Ct. 1793, 90 L.Ed.2d 339 (1986).
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