Aiding And Abetting

3,842 Florida cases classified under this topic, plus 164 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Hernandez
  730 F.2d 895· 2d Cir.· 1984-03-23 ·cited 40×
  The court held that threats against a witness to obtain evidence are no longer covered by 18 U.S.C. § 1503 after the enactment of the Victim and Witness Protection Act, 18 U.S.C. § 1512.
• United States v. Cunningham
  723 F.2d 217· 2d Cir.· 1983-11-28 ·cited 40×
  The court held that the district court had jurisdiction to conduct a compliance hearing for a subpoena and that Cunningham's false testimony regarding his whereabouts was material. The court reversed the acquittal on tax evasion counts.
• United States v. Herb Neal
  718 F.2d 1505· 10th Cir.· 1983-09-30 ·cited 40×
  The court held that the evidence was sufficient to prove mail fraud, the admission of certain evidence was not an abuse of discretion, and the denial of a change of venue was proper.
• United States v. Hudson
  717 F.2d 1211· 8th Cir.· 1983-09-28 ·cited 40×
  The court held that the evidence was sufficient to support the conviction, and the jury instructions regarding aiding and abetting, exculpatory statements, and the refusal of a lesser included offense instruction were proper.
• United States v. Weston
  708 F.2d 302· 7th Cir.· 1983-05-25 ·cited 40×
  The court held that the defendants were not denied effective assistance of counsel and that the evidence admitted at trial and during sentencing was proper.
• United States v. Hajecate
  683 F.2d 894· 5th Cir.· 1982-08-23 ·cited 40×
  The court held that an indictment is sufficient if it informs the defendant of the charges and prevents double jeopardy, and that certain tax form questions can be considered investigative for the 'exculpatory no' doctrine. The court also held that interlocutory appeals from deni
• United States v. Dixon
  658 F.2d 181· 3d Cir.· 1981-08-27 ·cited 40×
  The court held that the government may appeal a post-verdict judgment of acquittal and that sufficient evidence existed to support the jury's verdict of aiding and abetting bribery.
• United States v. Previte
  648 F.2d 73· 1st Cir.· 1981-05-07 ·cited 40×
  The court held that Wharton's Rule does not apply to conspiracy charges involving gratuity offenses, and that jury instructions, despite minor flaws, did not constitute plain error.
• United States v. Berd
  634 F.2d 979· 5th Cir.· 1981-01-22 ·cited 40×
  The court held that the initial encounter was not a seizure, and subsequent detentions were supported by reasonable suspicion, rendering the search of the abandoned briefcase lawful.
• United States v. Hicks
  619 F.2d 752· 8th Cir.· 1980-04-18 ·cited 40×
  The court held that the evidence was sufficient to sustain the defendant's convictions for making false statements to the BIA and that the trial court did not err in its jury instructions regarding materiality or its response to a jury question.
• United States v. Rosales-Lopez
  617 F.2d 1349· 9th Cir.· 1980-03-20 ·cited 40×
  The court held that the defendant's conviction and sentences for alien smuggling offenses were affirmed, finding no reversible error in the trial court's rulings on voir dire, transcript denial, sentencing procedure, prosecutorial vindictiveness, lesser-included offense instructi
• United States v. Hernandez
  608 F.2d 741· 9th Cir.· 1979-10-12 ·cited 40×
  The court held that the trial court did not err in denying pre-trial disclosure of an informant's address, denying a continuance, excluding the public during the informant's testimony, or admitting an edited co-defendant statement, and properly rejected a duress jury instruction.
• Edwards & Hanly v. Wells Fargo Sec. Clearance Corp.
  602 F.2d 478· 2d Cir.· 1979-06-27 ·cited 40×
  The court held that the plaintiff broker-dealer failed to exercise due diligence and its own negligence was the proximate cause of its loss, precluding recovery from the clearing agent for alleged aiding and abetting securities fraud.
• United States v. Weaver
  594 F.2d 1272· 9th Cir.· 1979-04-09 ·cited 40×
  The court held that co-conspirator statements implicating the defendant were improperly admitted because there was insufficient independent evidence connecting the defendant to the conspiracy, and the remaining evidence was insufficient to support an aiding and abetting convictio
• United States v. Juarez
  566 F.2d 511· 5th Cir.· 1978-01-17 ·cited 40×
  The court held that the evidence was sufficient to support the conviction for aiding and abetting the distribution of heroin, and that prosecutorial remarks, while improper, did not constitute plain error.
• United States v. Bautista Castillo-Felix
  539 F.2d 9· 9th Cir.· 1976-07-09 ·cited 40×
  The court held that the evidence was insufficient to establish venue in the United States for the counterfeiting charges, but sufficient for the charges of encouraging unlawful entry. The court also found that the jury instruction regarding venue for the counterfeiting charges pr
• United States v. Charnay
  537 F.2d 341· 9th Cir.· 1976-05-07 ·cited 40×
  The court held that the indictment sufficiently alleged the requisite intent and scienter under Ernst & Ernst v. Hochfelder, despite the petition for rehearing claiming conflict.
• United States v. Martinez
  487 F.2d 973· 10th Cir.· 1973-11-15 ·cited 40×
  The court held that the trial court erred in denying the defendant's request to disclose the identity of the government's informant, as the informant was present at the crime and introduced the undercover agent.
• United States v. Aldridge
  484 F.2d 655· 7th Cir.· 1973-07-25 ·cited 40×·via Aider And Abettor
  The court held that the evidence was sufficient to support the convictions for securities fraud and mail fraud, and that various procedural and evidentiary challenges raised by the defendants lacked merit.
• United States v. Anthony
  474 F.2d 770· 5th Cir.· 1973-02-20 ·cited 40×
  The court held that statements made by the defendant after requesting an attorney were admissible because the defendant initiated further conversation, and the evidence was sufficient to support the conviction for aiding and abetting.
• United States v. Arriagada
  451 F.2d 487· 4th Cir.· 1971-11-30 ·cited 40×
  The court held that the trial court's error in communicating with the jury without the defendant present was harmless because the communication did not prejudice the defendant and was consistent with prior instructions.
• United States v. Bowles
  428 F.2d 592· 2d Cir.· 1970-06-16 ·cited 40×
  The court held that the evidence was sufficient to support convictions for knowing possession of stolen mail and that the supplemental jury charge was not coercive.
• Ellsworth Willie Wyatt v. United States
  388 F.2d 395· 10th Cir.· 1968-01-02 ·cited 40×
  The court held that the trial court did not err in refusing to compel disclosure of grand jury minutes, denying a bill of particulars, admitting hearsay testimony, or admitting evidence of non-tax-paid liquor. The evidence was sufficient to sustain the convictions.
• United States v. Braverman
  376 F.2d 249· 2d Cir.· 1967-04-04 ·cited 40×
  The court held that the statutes apply to acts committed abroad with intent to affect U.S. commerce, pre-arraignment questioning was permissible, handwriting samples are not testimonial, and evidence of similar acts was admissible to show intent.
• White v. United States
  366 F.2d 474· 10th Cir.· 1966-09-12 ·cited 40×
  The court held that the evidence was sufficient to sustain White's conviction as an aider and abettor in the interstate transportation of a stolen vehicle.
• Carpenter v. United States
  264 F.2d 565· 4th Cir.· 1959-03-12 ·cited 40×
  The court held that a defendant who testifies waives the privilege against self-incrimination and cannot selectively suppress relevant, incriminating facts, and that the Mallory rule does not apply to state custody unless state officials act as federal agents.
• Colosacco v. United States
  196 F.2d 165· 10th Cir.· 1952-04-17 ·cited 40×
  The court held that the evidence was sufficient to convict Colosacco of conspiracy and aiding and abetting, and that separate sentences for these distinct offenses were proper.
• United States v. Valencia
  907 F.2d 671· 7th Cir.· 1990-07-16 ·cited 39×
  The court affirmed the convictions, finding sufficient evidence and proper jury instructions regarding aiding and abetting, conscious avoidance, and attempt.
• United States v. Coady
  809 F.2d 119· 1st Cir.· 1987-01-13 ·cited 39×
  The court held that the defendant's withdrawal of the entrapment defense mid-trial barred its later revival, and that his participation in the financial aspect of the drug transaction constituted aiding and abetting distribution, even if the physical transfer occurred earlier.
• United States v. Reicherter
  647 F.2d 397· 3d Cir.· 1981-05-05 ·cited 39×
  The court held that the defendant had no reasonable expectation of privacy in trash left in a public area for collection, and that the denial of severance was not an abuse of discretion as the defendant failed to demonstrate prejudice.
• United States v. Andreen
  628 F.2d 1236· 9th Cir.· 1980-09-26 ·cited 39×
  The court held that the evidence was sufficient to convict Andreen for aiding and abetting embezzlement from the pension trust and affirmed his conviction on counts 1, 2, and 6B, while reversing on count 9. The court also held that where union authorization is absent, the lack of
• United States v. Osborne MacKey
  626 F.2d 684· 9th Cir.· 1980-08-18 ·cited 39×
  The court held that the burden was improperly placed on the defendant to show a reasonable expectation of privacy, rather than on the government to justify a warrantless search exception.
• United States v. Thomas
  593 F.2d 615· 5th Cir.· 1979-04-19 ·cited 39×
  The court affirmed convictions for false statements in the cotton fraud case and affirmed one tax fraud conviction, while remanding another tax fraud conviction for further proceedings on prosecutorial vindictiveness.
• Monsen v. Consol. Dressed Beef Co., Inc.
  579 F.2d 793· 3d Cir.· 1978-06-14 ·cited 39×
  The court held that the jury's verdict against the Bank for aiding and abetting securities violations should be reinstated, as sufficient evidence showed the Bank's knowledge and substantial assistance. The denial of the Silverbergs' motions for judgment notwithstanding the verdi
• United States v. Santarpio
  560 F.2d 448· 1st Cir.· 1977-06-30 ·cited 39×
  The court held that the wiretap applications were legally sufficient, the evidence presented was adequate to convict the appellants of operating an illegal gambling business, and the probation condition requiring repayment of attorney fees was permissible.
• United States v. Houghton
  554 F.2d 1219· 1st Cir.· 1977-05-20 ·cited 39×
  The court held that the district court did not err in refusing to hold a Rule 11 hearing for a codefendant, denying dismissal of the indictment despite a delay in informant disclosure, limiting cross-examination regarding contempt proceedings, denying a jury-waived trial, or in i
• United States v. Telesforo Ray Gomez
  529 F.2d 412· 5th Cir.· 1976-03-25 ·cited 39×
  The court adheres to the result of the main opinion but expresses concern over the admission of hearsay evidence.
• Cook v. United States
  354 F.2d 529· 9th Cir.· 1965-12-23 ·cited 39×
  The court held that the government's erroneous opening statement regarding prior marijuana possession by the appellant constituted harmless error, and that sufficient evidence supported the conviction.
• Fratello v. United States
  340 F.2d 560· 5th Cir.· 1965-01-20 ·cited 39×
  It was reversible error to compel a defendant's spouse to claim the privilege against self-incrimination in the presence of the jury, as this action is inherently prejudicial.
• Edwards v. United States
  286 F.2d 681· 5th Cir.· 1960-12-23 ·cited 39×
  The court held that an erroneous jury instruction, which stated a co-defendant had admitted guilt and pleaded guilty when there was no proof of this, was not harmless error and required reversal.
• United States v. Perez
  956 F.2d 1098· 11th Cir.· 1992-03-31 ·cited 38×·via Aiding And Abetting Liability
  Four defendants were convicted of burglary and theft from a tribal cultural center on a reservation, with two also convicted of assault on a federal officer. The court affirmed all convictions and sentences, holding that the Assimilative Crimes Act properly applied Florida theft
• United States v. LAM Kwong-Wah
  924 F.2d 298· D.C. Cir.· 1991-01-25 ·cited 38×
  The court held that venue was improper for the attempted distribution charge because Lam's own actions did not occur in the district, and the government failed to prove he aided and abetted the principals. The court also remanded for resentencing due to errors in applying the Sen
• United States v. Ivey
  915 F.2d 380· 8th Cir.· 1990-09-27 ·cited 38×
  The court held that the evidence was sufficient to support the convictions of Ivey, Johnson, and Nance for drug-related offenses, and that the district court properly applied the inevitable discovery doctrine.
• Davis v. State
  560 So. 2d 1231· Fla. 5th DCA· 1990-04-05 ·cited 38×
  Davis was convicted of both possession and delivery of crack cocaine based on a single transaction. The court affirmed both convictions, holding that possession is not a lesser included offense of delivery under Florida law, and rejecting Davis's double jeopardy challenge based o
• United States v. Gillock
  886 F.2d 220· 9th Cir.· 1989-09-06 ·cited 38×
  The court held that the evidence was sufficient to support the conviction for possession of methamphetamine with intent to distribute and that the sentencing enhancements for firearm possession and denial of minor participation were not clearly erroneous.
• United States v. Tito Juan Pino-Perez
  870 F.2d 1230· 7th Cir.· 1989-03-10 ·cited 38×·via Aiding And Abetting Liability
  The court held that while the defendant's variance argument was not frivolous, the lack of a bill of particulars prevented certainty, and the proof at trial appeared adequate under the indictment's language.
• United States v. Italiano
  837 F.2d 1480· 11th Cir.· 1988-02-22 ·cited 38×
  The indictment sufficiently alleged a scheme to defraud the county of property (a cable television franchise) through bribery, thus satisfying the mail fraud statute's requirements after McNally.
• United States v. Pforzheimer
  826 F.2d 200· 2d Cir.· 1987-08-18 ·cited 38×
  Federal law, not state constitutional law, governs the admissibility of evidence in a federal prosecution, even if the investigation was conducted solely by state officials. The use of a disjunctive jury interrogatory regarding guilt was harmless error in this case.
• LaPOLLA v. State
  504 So. 2d 1353· Fla. 4th DCA· 1987-04-01 ·cited 38×
  Appellants Anderson and LaPolla were convicted of conspiracy to traffic in cocaine following an undercover operation conducted by narcotics investigator Dennis Gavalier. The court affirmed their conviction, holding that circumstantial evidence of negotiated drug transactions, rep
• United States v. Carpenter
  791 F.2d 1024· 2d Cir.· 1986-05-27 ·cited 38×
  The misappropriation theory of securities fraud does not extend to defendants who traded based on the publication schedule of a newspaper, as this is not confidential securities information obtained through a special relationship.