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. Gray
  790 F.2d 1290· 6th Cir.· 1986-05-12 ·cited 38×
  The court held that the dismissal of mail-fraud counts was improper because the indictment sufficiently alleged the two essential elements of the offense, even if proof of the second element (use of mails to execute scheme) might be challenging for legally-compelled mailings.
• United States v. Local 560 OF the Int'l Bhd. OF Teamsters
  780 F.2d 267· 3d Cir.· 1985-12-26 ·cited 38×
  The court held that the district court abused its discretion by admitting newspaper articles and biased survey testimony, as insufficient foundations were laid to prove readership and representative opinion, respectively.
• United States v. Aurora Canales and Elia Garcia
  744 F.2d 413· 5th Cir.· 1984-10-04 ·cited 38×
  The court held that the government failed to prove that the defendants paid or offered to pay for votes, and the dissent would reverse the conviction.
• United States v. Siegel
  717 F.2d 9· 2d Cir.· 1983-08-24 ·cited 38×
  The court held that there was sufficient evidence to support wire fraud convictions based on the misappropriation of unrecorded cash sales proceeds for self-enrichment and bribery. However, the court reversed Abrams' conviction for obstruction of justice due to insufficient evide
• United States v. Graziano
  710 F.2d 691· 11th Cir.· 1983-07-25 ·cited 38×
  The court held that a defendant's severance claim based on a co-defendant's silence fails without a showing of compelling prejudice from antagonistic defenses, and that a conviction under 21 U.S.C.A. § 848 for engaging in a continuing criminal enterprise is supported by evidence
• United States v. Clemente Julio-Diaz
  678 F.2d 1031· 11th Cir.· 1982-06-17 ·cited 38×
  The court held that the evidence was sufficient to establish the vessel was of United States registry and that the appellants' convictions for conspiracy and possession with intent to distribute marijuana were valid.
• United States v. Barnett
  667 F.2d 835· 9th Cir.· 1982-02-08 ·cited 38×
  The court held that the affidavit established probable cause for the search warrant and that the First Amendment does not shield criminal conduct involving speech. The court also held that evidence of non-advertisements is not per se inadmissible.
• United States v. Talavera
  668 F.2d 625· 1st Cir.· 1982-01-14 ·cited 38×
  The court affirmed the convictions, finding that the joinder of defendants and offenses was proper, the denial of severance was not an abuse of discretion, and the admission of evidence regarding a heroin episode was not reversible error given the overwhelming evidence of guilt.
• United States v. Diann Pansey Sullivan
  625 F.2d 9· 4th Cir.· 1980-07-08 ·cited 38×
  The Court held that the use of a trained drug-sniffing dog to detect narcotics in luggage in a public area does not constitute a search under the Fourth Amendment, and the dog's alert, combined with other suspicious circumstances, provided sufficient probable cause for a search w
• United States v. Pappas
  611 F.2d 399· 1st Cir.· 1979-12-19 ·cited 38×
  The court held that there was sufficient evidence to support the conviction and that the trial court did not err in denying the motion for acquittal, admitting co-conspirator statements, or denying the motion for mistrial.
• United States v. Calandrella
  605 F.2d 236· 6th Cir.· 1979-08-31 ·cited 38×
  The court affirmed the convictions, holding that the arrest warrant was supported by probable cause and that the search of the briefcase, while requiring a warrant under Chadwick, did not necessitate suppression due to non-retroactivity.
• United States v. Levon Brown
  605 F.2d 389· 8th Cir.· 1979-08-16 ·cited 38×
  The court held that the evidence was sufficient to support the jury's verdict, and that the trial court did not abuse its discretion in admitting evidence, denying severance, or handling juror communications.
• United States v. Scruggs
  583 F.2d 238· 5th Cir.· 1978-11-06 ·cited 38×
  The court, through Judge Gee, correctly applied the law of the Circuit regarding the Allen charge.
• United States v. Harper
  579 F.2d 1235· 10th Cir.· 1978-08-01 ·cited 38×
  The court held that the evidence was sufficient to support the conviction for aiding and abetting heroin distribution, and that the jury instructions and witness refusal did not violate the defendant's rights.
• United States v. Bynum
  566 F.2d 914· 5th Cir.· 1978-01-26 ·cited 38×
  The court affirmed convictions, holding that severance was not required due to complexity or antagonistic defenses, and that evidentiary rulings and procedural matters were not abuses of discretion or reversible error.
• United States v. McCAMBRIDGE
  551 F.2d 865· 1st Cir.· 1977-03-23 ·cited 38×·via Aider And Abettor Liability
  The court held that the denial of the motion to suppress was proper, as the arrest was valid and the subsequent search and seizure of evidence were justified. The court also affirmed the conviction, finding no merit in the claims regarding trial fairness, sufficiency of evidence,
• United States v. Satterfield
  548 F.2d 1341· 9th Cir.· 1977-02-16 ·cited 38×
  Joinder of a defendant in an indictment is improper under Fed.R.Crim.P. 8(b) if the offenses charged do not arise from the same series of transactions, even if the offenses are similar in character.
• United States v. Birmley
  529 F.2d 103· 6th Cir.· 1976-01-29 ·cited 38×
  The court affirmed the convictions of Birmley and Capps for possession of unregistered firearms but reversed the conviction of Sexton, finding insufficient evidence of possession for the latter.
• United States v. Lane
  514 F.2d 22· 9th Cir.· 1975-04-07 ·cited 38×
  The court held that there was sufficient evidence to sustain the convictions and that the trial court did not err in admitting the tape recording or in denying a new trial based on juror incidents or trial length.
• Cunha v. Lou V. Brewer
  511 F.2d 894· 8th Cir.· 1975-02-07 ·cited 38×
  The court held that there was sufficient evidence to support the petitioner's conviction and that the admission of evidence of other crimes did not violate due process.
• The United States v. Oquendo
  505 F.2d 1307· 5th Cir.· 1975-01-06 ·cited 38×·via Aider And Abettor Liability
  The court held that the evidence was sufficient to support a guilty verdict and that the defendant's arguments regarding the source of the drugs, his role as a purchasing agent, and the informant's payment were without merit.
• United States v. Elbert Lamar Boston
  510 F.2d 35· 9th Cir.· 1974-12-09 ·cited 38×
  The court held that the appellant had standing to challenge the search of his companion for the possession count, but not for the importation count. The court also found the confession to be voluntary.
• Donna v. Zabriskie
  507 F.2d 546· 10th Cir.· 1974-12-05 ·cited 38×
  Promissory notes used to fund corporate promotion, even if with short maturities, can be considered securities under federal law if they are of an investment character rather than commercial paper. Defendants' misrepresentations regarding the value and negotiability of stock coll
• United States v. Simmons
  503 F.2d 831· 5th Cir.· 1974-11-07 ·cited 38×
  The court held that the admission of testimony regarding a prior similar act was proper to show intent, the accomplice instruction was appropriate, and the evidence was sufficient for conviction, but the sentence imposed was illegal.
• United States v. Giordano
  489 F.2d 327· 2d Cir.· 1973-12-21 ·cited 38×
  The court held that the evidence was sufficient to convict the appellant of willfully misapplying bank funds and falsely certifying checks, and that the jury charge adequately conveyed the necessary intent elements.
• United States v. Suarez
  487 F.2d 236· 5th Cir.· 1973-11-14 ·cited 38×
  The court held that a witness's violation of a sequestration order, when corrected, does not automatically warrant reversal, and that circumstantial evidence must be sufficient to eliminate all reasonable doubt for a conviction.
• United States v. Giannoni
  472 F.2d 136· 9th Cir.· 1973-01-03 ·cited 38×
  The court held that a firearm previously traveling in interstate commerce, even years prior to the offense, is sufficient to establish federal jurisdiction for receipt by a convicted felon. The court also affirmed the conviction for aiding and abetting.
• United States v. Thomas
  469 F.2d 145· 8th Cir.· 1972-11-15 ·cited 38×
  The court held that substantial evidence was sufficient to sustain convictions for aiding and abetting robbery and assault with a dangerous weapon.
• United States v. Brumley
  466 F.2d 911· 10th Cir.· 1972-08-14 ·cited 38×
  The court held that the warrantless searches of the automobile were lawful based on consent and investigative stop principles, and that the indictment did not require dismissal due to the waiver of a preliminary hearing. Furthermore, the court found no denial of a fair trial base
• Garland Edward Goff v. The United States
  446 F.2d 623· 10th Cir.· 1971-08-16 ·cited 38×
  The court held that imposing a time limit on jury deliberations, in conjunction with an Allen-type instruction, constitutes reversible error due to coercion.
• United States v. Adcock
  447 F.2d 1337· 2d Cir.· 1971-08-16 ·cited 38×
  The court held that the failure to sign an INS form as preparer does not constitute 'causing a false statement' under 18 U.S.C. § 1001, and special verdicts on single counts are improper.
• United States v. Strauss
  443 F.2d 986· 1st Cir.· 1971-06-07 ·cited 38×
  The court affirmed the convictions, holding that the statute requires knowledge that goods are stolen, not necessarily that they will be transported interstate, and that newly discovered evidence did not warrant a new trial.
• United States v. Barber
  429 F.2d 1394· 3d Cir.· 1970-07-20 ·cited 38×
  The court held that mere presence at the scene of a crime, without more, is insufficient to establish aiding and abetting or conspiracy.
• United States v. Reies Lopez Tijerina
  407 F.2d 349· 10th Cir.· 1969-02-14 ·cited 38×
  The court held that the indictment was sufficient, the rangers were properly covered by statute, the trial location was proper, the evidence supported the convictions, and jury instructions were adequate, affirming the defendants' convictions.
• McCLARD v. United States
  386 F.2d 495· 8th Cir.· 1967-12-04 ·cited 38×
  The dissenting judge argues that the evidence presented was insufficient to identify the defendants with the crime charged, failing to prove individual participation beyond a reasonable doubt.
• Hornbeck v. State
  77 So. 2d 876· Fla.· 1955-03-09 ·cited 38×
  Samuel Hornbeck was convicted of first-degree murder for a killing that occurred during a robbery and subsequent police pursuit. The Florida Supreme Court affirmed the conviction, holding that a person can be guilty of murder committed during the perpetration of a robbery even if
• Morgan v. United States
  159 F.2d 85· 10th Cir.· 1947-01-14 ·cited 38×
  The court held that the circumstantial evidence was insufficient to prove the defendant aided and abetted another in the illegal transportation of liquor, and that his admission alone did not establish probable cause for the search.
• Brown v. State
  82 Fla. 306· Fla.· 1921-10-22 ·cited 38×
  Preston Brown was convicted as a principal in the second degree of assault with intent to commit murder. The Florida Supreme Court affirmed the conviction, holding that the indictment sufficiently charged Brown, the verdict was proper even though it specified the degree of murder
• Elliott v. State
  77 Fla. 611· Fla.· 1919-05-12 ·cited 38×
  Robert Elliott and Eulie Russell were convicted of obtaining money under false pretenses, with Russell charged as an aider and abettor. The Florida Supreme Court affirmed Elliott's conviction but reversed Russell's conviction because the indictment alleged his aiding acts occurre
• United States v. Weaver
  882 F.2d 1128· 7th Cir.· 1989-08-08 ·cited 37×
  The court affirmed the convictions of all five defendants, finding no merit in their various claims regarding violations of the Interstate Agreement on Detainers, insufficient evidence, and ineffective assistance of counsel.
• United States v. Mollier
  853 F.2d 1169· 5th Cir.· 1988-08-18 ·cited 37×
  The court held that non-mutual collateral estoppel does not apply in criminal cases, and the evidence was sufficient to sustain the jury's verdict for conspiracy.
• United States v. Amen
  831 F.2d 373· 2d Cir.· 1987-10-07 ·cited 37×
  The court held that prison inmates impliedly consent to the monitoring of their telephone calls, and that the Continuing Criminal Enterprise statute does not apply to those who aid and abet the leader of the enterprise.
• Sirota v. Solitron Devices, Inc.
  673 F.2d 566· 2d Cir.· 1982-02-19 ·cited 37×
  The court held that the district court erred in granting judgment notwithstanding the verdict for Sternbach, finding sufficient evidence for a jury to infer actual knowledge of fraud. The court also reversed the damage award and remanded for redetermination.
• United States v. Tarr
  589 F.2d 55· 1st Cir.· 1978-12-20 ·cited 37×
  The court held that the evidence was insufficient to convict the appellant of engaging in the business of dealing firearms, but sufficient to convict him of aiding and abetting the unauthorized transfer of a machine gun. The court also found that a briefly mentioned, suppressed s
• Sec. & Exch. Comm'n v. Coven
  581 F.2d 1020· 2d Cir.· 1978-06-02 ·cited 37×
  The court held that liability for aiding and abetting violations of Section 17(a) of the 1933 Act in an SEC enforcement action can be based on negligent conduct, not requiring scienter. However, the court reversed findings of aiding and abetting for improper trading and failure t
• McCOWN v. Heidler
  527 F.2d 204· 10th Cir.· 1975-12-22 ·cited 37×
  Individual officers and directors of a developer can be held liable under the Interstate Land Sales Full Disclosure Act, and the sale of real estate lots may constitute the sale of securities if structured as an investment contract.
• Hochfelder v. Midwest Stock Exch.
  503 F.2d 364· 7th Cir.· 1974-04-10 ·cited 37×
  The court held that the Midwest Stock Exchange did not breach its duty of self-regulation under the Securities Exchange Act of 1934 and therefore did not aid and abet the securities fraud perpetrated by Leston B. Nay.
• Weldon L. Russell, Jr. v. United States
  222 F.2d 197· 5th Cir.· 1955-05-10 ·cited 37×
  The court held that the evidence was sufficient to convict the defendant for making or causing to be made false statements to the Veterans Administration, even if he did not directly make the statement.
• United States v. Ortiz
  966 F.2d 707· 1st Cir.· 1992-06-10 ·cited 36×
  The court affirmed the convictions but remanded for resentencing for Nunez, finding insufficient evidence to support the upward adjustment for a supervisory role in the offense.
• United States v. Query
  928 F.2d 383· 11th Cir.· 1991-04-11 ·cited 36×
  The court held that the district court did not err in its sentencing determinations, including the use of hearsay, the calculation of relevant conduct, the upward adjustment for leadership role, the denial of acceptance of responsibility, the enhancement for obstruction of justic