Aiding And Abetting

3,842 Florida cases classified under this topic · sorted by citation count

• United States v. Krol
  374 F.2d 776· 7th Cir.· 1967-02-27 ·cited 30×
  The court held that the evidence was sufficient to sustain the conviction, tape-recorded conversations were admissible under federal law, and the defendant's refusal to be interviewed, while improper to admit, was harmless error in a bench trial.
• Amaya v. United States
  373 F.2d 197· 10th Cir.· 1967-02-13 ·cited 30×
  The court held that the use of paid informers is permissible evidence and that the jury instructions on possession were adequate.
• Glass v. United States
  351 F.2d 678· 10th Cir.· 1965-10-13 ·cited 30×
  A defendant cannot be convicted of both bank robbery (as an aider and abettor) and receiving the stolen property from that same robbery, as the latter is a lesser included offense.
• United States v. Wilson
  342 F.2d 43· 2d Cir.· 1965-03-02 ·cited 30×
  The court held that the evidence was sufficient to convict the appellant of theft and that the conviction was not rendered invalid by the acquittal of his co-defendants.
• United States v. Klein
  340 F.2d 547· 2d Cir.· 1965-01-21 ·cited 30×
  The court held that evidence of prior similar offenses was properly admitted to prove the defendant's knowledge and intent, despite the risk of prejudice.
• Koop v. United States
  296 F.2d 53· 8th Cir.· 1961-11-13 ·cited 30×
  The court held that the evidence was sufficient to support convictions for hunting in a baited area and that mallard ducks raised on a ranch, which were unconfined and could mingle with wild ducks, were considered wild for purposes of the Migratory Bird Treaty Act.
• Robinson v. United States
  262 F.2d 645· 9th Cir.· 1959-01-07 ·cited 30×
  The court held that providing a seller's contact information, without more, does not constitute aiding and abetting or facilitating a drug sale under 21 U.S.C.A. § 174. The court reversed Robinson's conviction but affirmed Lowe's.
• Gray v. United States
  260 F.2d 483· D.C. Cir.· 1958-10-03 ·cited 30×
  A conviction of the principal offender is not a prerequisite to the conviction of an aider and abettor.
• Sons v. State
  99 So. 2d 888· Fla. 2d DCA· 1958-01-29 ·cited 30×
  The court held that the appellant could be convicted of second-degree murder as a principal in the second degree, even if he did not fire the fatal shot, because he was present and aided and abetted the crime.
• Lloyd J. Cosgrove and Paul v. Doyle
  224 F.2d 146· 9th Cir.· 1954-06-18 ·cited 30×
• Aeby et ux. v. United States
  206 F.2d 296· 5th Cir.· 1953-06-30 ·cited 30×
• McCOY v. United States
  169 F.2d 776· 9th Cir.· 1948-08-24 ·cited 30×
  The court held that the indictment was valid, the evidence was sufficient to support the conviction, and the trial court did not err in its rulings on evidence, jury instructions, or the denial of motions for dismissal or acquittal.
• United States v. Amorosa
  167 F.2d 596· 3d Cir.· 1948-04-06 ·cited 30×
  The court held that the indictment against Silano was not defective, the use of photographs of Amorosa was permissible, and the evidence supported conviction as principals rather than accessories. The trial judge's conduct and jury instructions were also found to be proper.
• Moffitt v. United States
  154 F.2d 402· 10th Cir.· 1946-03-15 ·cited 30×
  The court held that a defendant can be held responsible for mailings that are a reasonably foreseeable consequence of their actions, but not for unusual or non-customary mailings. The court also found no reversible error in the jury instructions.
• Gilison v. Flagler Bank
  303 So. 3d 999· Fla. 4th DCA· 2020-08-26 ·cited 29×
  Plaintiffs appealed the dismissal of their claims for aiding and abetting fraud and conspiracy to commit fraud against Flagler Bank arising from loans made to a luxury car company that engaged in fraudulent floor plan financing. The court reversed the dismissal, holding that the
• United States v. Musacchia
  900 F.2d 493· 2d Cir.· 1990-03-21 ·cited 29×
  A magistrate's lack of jurisdiction to conduct jury selection in a felony case, absent express consent, requires reversal of convictions, even if the defendant did not object at trial.
• United States v. Smith
  891 F.2d 703· 9th Cir.· 1989-12-04 ·cited 29×
  The court affirmed the convictions of all three defendants, finding no reversible error in the jury instructions or the joinder of offenses in the indictment.
• Bontkowski v. United States
  850 F.2d 306· 7th Cir.· 1988-06-24 ·cited 29×
  The court held that the district court properly dismissed the § 2255 petition regarding the cocaine conviction, but remanded the bank fraud conviction claim concerning insufficient factual basis for the plea.
• United States v. Carrion
  809 F.2d 1120· 5th Cir.· 1987-02-03 ·cited 29×
  The court held that a defendant is not entitled to an entrapment instruction if they demonstrate predisposition to commit the crime, and that consecutive sentences for possession with intent to distribute and distribution are permissible if there is independent evidence of prior
• Friedrich Wilhelm Waffenschmidt v. MacKay
  763 F.2d 711· 5th Cir.· 1985-06-21 ·cited 29×
  Nonparties who reside outside a court's territorial jurisdiction may be subject to its jurisdiction if they actively aid and abet a party in violating a court order, with actual notice of that order.
• United States v. Shelton
  736 F.2d 1397· 10th Cir.· 1984-06-11 ·cited 29×
  The court held that the trial judge's remarks to defense counsel, while perhaps ill-advised, did not deny the defendant a fair trial, and that the prosecutor's closing argument, reviewed for plain error due to lack of objection, did not constitute reversible error.
• United States v. Kegler
  724 F.2d 190· D.C. Cir.· 1983-12-30 ·cited 29×
  A minor amendment to an indictment correcting a clerical error, such as a misspelling of a payee's name, does not violate the Fifth Amendment if it does not alter the substance of the charge or prejudice the defendant. The evidence was sufficient to support the conviction for int
• United States v. Dunn
  674 F.2d 1093· 5th Cir.· 1982-05-07 ·cited 29×
  The court held that warrantless searches of Dunn's ranch violated the Fourth Amendment, requiring suppression of evidence and reversal of his convictions, but affirmed Carpenter's convictions due to insufficient evidence to support his appeal.
• United States v. Bryant
  671 F.2d 450· 11th Cir.· 1982-03-26 ·cited 29×
  The court held that 18 U.S.C. § 2275 applies to any United States vessel engaged in commerce, including private vessels used for transporting contraband, and that the evidence was sufficient to convict the appellants of tampering with the vessel.
• State v. McQUAY
  403 So. 2d 566· Fla. 3d DCA· 1981-09-08 ·cited 29×
  The court held that the trial court erred in dismissing aggravated assault and weapon possession charges, and in reducing kidnapping to false imprisonment, but was correct in reducing the burglary charge.
• Invs. Research Corp. & James E. Stowers v. Sec. & Exch. Comm'n
  628 F.2d 168· D.C. Cir.· 1980-04-29 ·cited 29×
  The court held that the SEC was not estopped from prosecuting the action, properly allocated the burden of proof, and that Stowers and Investors Research acted as agents violating section 17(e)(1) without requiring scienter. However, the court vacated the SEC's order against Drie
• United States v. Masson
  582 F.2d 961· 5th Cir.· 1978-10-26 ·cited 29×
  The court held that the indictment was not duplicitous, the expert testimony was admissible, and the evidence was sufficient to sustain the conviction for aiding and abetting an illegal gambling business.
• United States v. Kostoff
  585 F.2d 378· 9th Cir.· 1978-04-21 ·cited 29×
  The court held that the total lack of jury instructions on mail fraud and the prejudicial error of changing instructions after closing arguments fatally defected the conspiracy convictions. The court also found insufficient evidence to support Stevenson's conviction on Count II.
• United States v. Fayer
  573 F.2d 741· 2d Cir.· 1978-03-27 ·cited 29×
  A prior acquittal on charges of witness tampering and bribery does not bar a subsequent conviction for perjury committed during the trial for those charges, as the issues of fact may not have been necessarily determined in the defendant's favor.
• Morgan v. State
  355 So. 2d 149· Fla. 1st DCA· 1978-02-09 ·cited 29×
  Florida appellate court reversed attempted burglary conviction where circumstantial evidence of defendant's presence at scene with tools was insufficient to prove guilt beyond reasonable doubt without evidence of entry, attempted entry, or aiding and abetting.
• United States v. Sanborn
  563 F.2d 488· 1st Cir.· 1977-09-09 ·cited 29×
  The court held that the government must prove an aider and abettor knew a dangerous weapon would be used in an armed robbery, and failure to instruct the jury on this element requires vacating the conviction for the aggravated offense.
• United States v. Tucker
  552 F.2d 202· 7th Cir.· 1977-04-04 ·cited 29×
  The dissenting judge would affirm the conviction, finding the trial court's refusal to disclose the informant's identity was not erroneous and did not deny the defendant a fair trial.
• United States v. Blair
  456 F.2d 514· 3d Cir.· 1972-02-23 ·cited 29×
  The court held that the circumstantial evidence was sufficient to sustain the conviction, and any hearsay testimony admitted was harmless error.
• United States v. Megna
  450 F.2d 511· 5th Cir.· 1971-11-02 ·cited 29×
  The court held that the trial court erred in refusing to instruct the jury on the defendant's alibi defense, requiring reversal and a new trial.
• United States v. Alper
  156 F.2d 222· 2d Cir.· 1946-06-20 ·cited 29×
  The court held that the trial court erred in failing to instruct the jury on the distinction between a preference and a concealment of assets under the Bankruptcy Act.
• Brownlee v. State
  95 Fla. 775· Fla.· 1928-04-24 ·cited 29×
  Three defendants were convicted of murder in connection with the death of Perley Sylvester Thomas during an attempted immigration patrol stop. The Florida Supreme Court affirmed the convictions, finding the trial court properly admitted evidence regarding immigration law authorit
• United States v. Roberts
  913 F.2d 211· 5th Cir.· 1990-09-19 ·cited 28×
  The court held that the government's use of peremptory strikes did not violate Batson, the ex parte communication with the jury case manager did not constitute reversible error, and the evidence was sufficient to support the defendants' convictions.
• United States v. Brick
  905 F.2d 1092· 7th Cir.· 1990-06-26 ·cited 28×
  The court held that the district court did not err in refusing to grant a minor participant reduction and did not legally err in its consideration of mitigating conduct, but the restitution order was arbitrary and unsupported.
• United States v. Schmick
  904 F.2d 936· 5th Cir.· 1990-06-19 ·cited 28×
  The court held that the superseding indictment was timely and that the evidence was sufficient to convict most appellants, but reversed one conviction due to Bruton error.
• United States v. W.J. Poston
  902 F.2d 90· D.C. Cir.· 1990-05-04 ·cited 28×
  The court held that the evidence was sufficient to support a conviction for aiding and abetting possession of PCP with intent to distribute, and that the trial court did not abuse its discretion in denying a continuance or in its handling of the sentencing promise claim.
• United States v. Figueroa
  900 F.2d 1211· 8th Cir.· 1990-04-09 ·cited 28×
  The court held that while the prosecutor's rebuttal argument was improper, it was not prejudicial enough to deny the defendants a fair trial, and that the district court did not err in its jury instructions or sentencing enhancements.
• The United States v. Hilmer Burdette Sandini
  888 F.2d 300· 3d Cir.· 1989-10-30 ·cited 28×
  The court held that the district court did not abuse its discretion in denying the pretrial motion for severance, and any prejudice from the co-defendant's attorney's summation did not rise to the level of plain error.
• United States v. Haynes
  881 F.2d 586· 8th Cir.· 1989-08-11 ·cited 28×
  The court held that evidence of prior marijuana dealings was admissible to show intent and knowledge, the aiding and abetting instruction was proper for the schoolyard statute, and the sentencing enhancements were correctly applied.
• United States v. Kington
  875 F.2d 1091· 5th Cir.· 1989-06-09 ·cited 28×
  The court held that a jury instruction stating 'intent to injure or defraud' exists if a defendant acts knowingly and the natural consequences of their conduct may injure the bank is imprecise but not reversible error if the charge as a whole does not mislead the jury.
• Willingham v. State
  541 So. 2d 1240· Fla. 2d DCA· 1989-03-03 ·cited 28×
  John Willingham was convicted of cocaine possession with intent to deliver and delivery of cocaine, with the latter charge enhanced based on firearm use during the drug transaction. The court reversed the firearm enhancement for the sale offense because Willingham did not persona
• McKinley Dudley v. Duckworth
  854 F.2d 967· 7th Cir.· 1988-08-08 ·cited 28×
  The admission of testimony regarding anonymous threats against a witness, without any evidence linking the defendant to the threats, was of such magnitude that it denied the petitioner fundamental fairness and violated his Fourteenth Amendment rights.
• United States v. Biaggi
  853 F.2d 89· 2d Cir.· 1988-08-01 ·cited 28×
  The court affirmed the convictions, holding that the defendants' arguments regarding electronic surveillance, jury selection, the definition of 'official acts,' the Travel Act, and obstruction of justice lacked merit.
• United States v. Solomon
  825 F.2d 1292· 9th Cir.· 1987-08-18 ·cited 28×
  The court held that jury instructions adequately covered specific intent and willfulness, and that the admission of personal tax returns was proper. However, an increased sentence upon retrial was presumptively vindictive due to lack of objective justification in the record.
• United States v. Livingston
  816 F.2d 184· 5th Cir.· 1987-04-24 ·cited 28×
  The court held that the evidence was sufficient to support the convictions for receiving and transporting stolen securities in interstate commerce and conspiracy, and that the district court made no reversible errors regarding evidentiary rulings or prosecutorial arguments.
• United States v. McKNIGHT
  799 F.2d 443· 8th Cir.· 1986-09-02 ·cited 28×
  The court held that an indictment for obstruction of justice under 18 U.S.C. § 1503 and aiding and abetting under 18 U.S.C. § 2 is not deficient for failing to explicitly allege willfulness, provided the jury instructions properly inform the jury of this element.