Circuit has construed Rule 8(b) to mean that “joinder is proper where two or more persons’ criminal acts are unified by substantial identity of facts or participants, or arise out of a common plan or scheme.” United States v. Attanasio, 870 F.2d 809, 815 (2d Cir.1989) (internal quotation marks and citation omitted). According to its plain language, “Rule 8(b) ... specifically turns on what is ‘alleged’ against the defendants.” United States v. Gallo, No. 98 Cr. 338, 1999 WL 9848, at *2 (S.D.N.Y. Jan. 11, 1999). It is an “established rule” that “a non-frivolous conspiracy charge is sufficient to support joinder of defendants under Fed.R.Crim.P. 8(b).” United States v. Nerlinger, 862 F.2d 967, 973 (2d Cir.1988); see also United States v. Henry, 861 F.Supp. 1190, 1200 n. 5 (S.D.N.Y.1994) (<HOLDING>). In this case, the Government has alleged in
holding that evidence was sufficient for jury to find that the defendant participated in the conspiracy even though he did not have a relationship with all of his fellow coconspirators holding that the plaintiffs stated a claim for conspiracy because they alleged an actionable tort holding that res judicata barred conspiracy claim against defendant even though defendant had not been a party to the prior action because the civil conspiracy claim should have been adjudicated in a prior action and defendant as an alleged participant in the conspiracy would have been indispensable party to that adjudication holding that the prior conspiracy to which honken had pleaded guilty was not the same as the conspiracy underlying the capital offenses holding defendants were properly joined because they are alleged to have participated in the underlying conspiracy