Aiding And Abetting

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

• Instituto de Prevision Militar v. Merrill Lynch
  546 F.3d 1340· 11th Cir.· 2008-10-29 ·cited 14×
  Instituto de Prevision Militar (IPM), a Guatemalan pension fund, sued Merrill Lynch for fraud and related state law claims arising from Merrill Lynch's alleged role in facilitating Pension Fund of America's theft of IPM's invested funds. The Eleventh Circuit held that SLUSA barre
• Christie v. State
  652 So. 2d 932· Fla. 4th DCA· 1995-03-29 ·cited 14×
  Christie was convicted of three counts of first-degree felony murder based on aiding and abetting in a cocaine trafficking conspiracy that resulted in murders during a reverse sting operation. The appellate court affirmed the conviction, holding that independent evidence establis
• United States v. Posters 'N' Things Ltd
  969 F.2d 652· 8th Cir.· 1992-07-13 ·cited 14×
  The court affirmed the convictions and sentencing, holding that 21 U.S.C. § 857 contains an objective scienter requirement and is not unconstitutionally vague. The court also found sufficient evidence for the money laundering and aiding and abetting convictions.
• United States v. Menesses
  962 F.2d 420· 5th Cir.· 1992-05-22 ·cited 14×
  The court reversed Harold Bratovich's conviction due to insufficient evidence of his involvement in the conspiracy and aiding and abetting. The court affirmed the denial of Barreto's motion to suppress her confession and the increase in her offense level.
• United States v. Stone
  960 F.2d 426· 5th Cir.· 1992-04-29 ·cited 14×
  The court held that the evidence was sufficient to support the convictions for conspiracy and attempt to manufacture methamphetamine, and that the admission of audio tapes and transcripts was not an abuse of discretion.
• United States v. Concemi
  957 F.2d 942· 1st Cir.· 1992-03-04 ·cited 14×
  The court affirmed the convictions, finding no abuse of discretion or plain error in the trial court's rulings regarding jury instructions, evidence exclusion, Fifth Amendment privilege, subpoena quashing, sufficiency of evidence, or denial of a continuance.
• United States v. Robinson
  956 F.2d 1388· 7th Cir.· 1992-02-27 ·cited 14×
  The court held that the evidence was sufficient to support a finding of a single conspiracy and that the district court did not err in admitting co-conspirator statements, jury instructions, tape recordings, transcripts, or evidence of prior marijuana conspiracy and imprisonment.
• United States v. Gregorio
  956 F.2d 341· 1st Cir.· 1992-02-07 ·cited 14×
  The court affirmed the conviction and sentence, holding that the district court did not err in denying a reduction for acceptance of responsibility, applying an enhancement for more than minimal planning, denying a reduction for a minor role, or in structuring a downward departur
• United States v. Carlas M. Watson
  953 F.2d 406· 8th Cir.· 1992-01-08 ·cited 14×
  The court held that there was sufficient evidence to support the convictions for attempting to possess cocaine with intent to distribute and for using a firearm during a drug trafficking crime, and that the jury instructions did not constitute plain error.
• United States v. Adan Chavez
  947 F.2d 742· 5th Cir.· 1991-11-08 ·cited 14×
  The court held that the evidence was sufficient to support the appellants' convictions for conspiracy and aiding and abetting drug possession with intent to distribute, and that the district court's upward adjustment of Campos's sentence for being an organizer was not clearly err
• United States v. Brown
  943 F.2d 1246· 10th Cir.· 1991-09-03 ·cited 14×
  The court held that there was sufficient circumstantial evidence for a jury to find the appellant knowingly participated in the conspiracy and committed bankruptcy and mail fraud, but reversed and remanded for a new trial due to issues with co-conspirator statement admissibility.
• United States v. Berzon
  941 F.2d 8· 1st Cir.· 1991-08-05 ·cited 14×
  A defendant must be provided with notice and an adequate opportunity to comment on factual information used in sentencing, especially when that information comes from a separate proceeding.
• United States v. Martinez
  938 F.2d 1078· 10th Cir.· 1991-07-08 ·cited 14×
  The court held that the district judge did not abuse her discretion in admitting evidence of firearms, large sums of cash, and illegal drugs seized from a residence and the defendant's person, as these items were probative of the defendant's involvement in drug trafficking.
• United States v. Williams
  922 F.2d 737· 11th Cir.· 1991-01-29 ·cited 14×
  The court held that 21 U.S.C. § 845b does not require the defendant to know the minor's age, only that they knowingly employed someone in a drug offense. It also held that a defendant cannot receive a sentencing enhancement for obstruction of justice based on conduct for which th
• United States v. Partap Singh
  922 F.2d 1169· 5th Cir.· 1991-01-18 ·cited 14×
  The court held that the trial court did not err in denying disclosure of a confidential informant's identity and that the defendants' temporary exclusion from a hearing did not violate their confrontation clause rights. The evidence was also found sufficient to support the convic
• United States v. Olawale Olamrewaju Oguns
  921 F.2d 442· 2d Cir.· 1990-12-17 ·cited 14×
  The court held that evidence seized from the defendant's apartment was admissible because his consent was voluntary and any taint from a prior illegal entry was dissipated, and that a phone call was admissible as non-hearsay circumstantial evidence.
• United States v. Benitez
  920 F.2d 1080· 2d Cir.· 1990-12-05 ·cited 14×
  The court held that the admission of redacted codefendant statements, the denial of severance, and the sufficiency of evidence were not grounds for reversal of the conviction.
• United States v. Lesester D. McDOUGHERTY
  920 F.2d 569· 9th Cir.· 1990-11-28 ·cited 14×
  The court affirmed the conviction and sentence, holding that the schoolyard drug statute is constitutional, the defendant was properly classified as a career offender based on a robbery conviction, and the sentencing procedures complied with due process.
• United States v. Ford
  918 F.2d 1343· 8th Cir.· 1990-11-15 ·cited 14×
  The court affirmed the conviction for drug distribution but reversed and remanded the sentence for a determination of acceptance of responsibility, finding the defendant was predisposed to commit the offenses and the government's conduct was not outrageous.
• United States v. Walker
  915 F.2d 480· 9th Cir.· 1990-09-25 ·cited 14×
• United States v. Wach
  907 F.2d 1038· 10th Cir.· 1990-07-13 ·cited 14×
  The court held that the district court properly denied the defendant credit for acceptance of responsibility but erred by failing to append findings on controverted matters to the presentence report.
• United States v. Sims
  895 F.2d 326· 7th Cir.· 1990-02-01 ·cited 14×
  The court held that there was sufficient evidence to convict Sims of aiding and abetting bank fraud and that the jury instructions on specific intent were adequate.
• Oropesa v. State
  555 So. 2d 389· Fla. 3d DCA· 1989-11-14 ·cited 14×
  Carlos Oropesa and Miguel Querejeta were convicted of burglary with assault, robbery, and attempted first-degree murder following a violent home invasion where the victim's wife was struck by a vehicle and required leg amputation. The Florida appellate court affirmed their convic
• United States v. Tullos
  868 F.2d 689· 5th Cir.· 1989-03-10 ·cited 14×
  The court held that the evidence was sufficient to support the defendants' convictions for financial improprieties related to loans, and that prosecutorial misconduct and evidentiary rulings did not deny them a fair trial.
• United States v. Tersea Adela Ashby
  864 F.2d 690· 10th Cir.· 1988-12-29 ·cited 14×
  The court held that the denial of the motion to suppress, the admission of documents as circumstantial evidence, the jury instructions, and the handling of a juror conversation were not erroneous, and the evidence was sufficient for conviction.
• United States v. Vazquez
  857 F.2d 857· 1st Cir.· 1988-09-15 ·cited 14×
  The court held that bringing two suspects together, even with inconsistent prior statements, does not constitute custodial interrogation under Miranda unless police actions are designed to elicit an incriminating response. The court also held that newly discovered evidence of a w
• United States v. Dikran Berberian
  851 F.2d 236· 9th Cir.· 1988-06-28 ·cited 14×
  The court held that the evidence was sufficient to support the defendant's convictions for conspiracy and aiding and abetting the transportation of explosive materials, and that his procedural claims regarding the Speedy Trial Act and judicial reassignment lacked merit.
• United States v. Smith
  838 F.2d 436· 10th Cir.· 1988-01-29 ·cited 14×
  The court held that the evidence was sufficient to sustain the convictions for conspiracy and making false statements to a federally insured institution, and that the verdict form was not improper.
• United States v. Newton E. Copple
  827 F.2d 1182· 8th Cir.· 1987-08-21 ·cited 14×
  The court affirmed the defendants' convictions, holding that sufficient evidence supported their conspiracy and aiding and abetting charges, and that procedural and evidentiary rulings by the trial court were not reversible error.
• United States v. Kurka
  818 F.2d 1427· 9th Cir.· 1987-06-03 ·cited 14×
  The court held that the statute should be read disjunctively, creating two separate prohibited acts with different mens rea requirements.
• United States v. Gordon
  812 F.2d 965· 5th Cir.· 1987-03-09 ·cited 14×
  The court held that a battered wife's statements and Miranda waivers were voluntary, and that the codefendant's trial errors did not warrant reversal.
• United States v. Morgan
  805 F.2d 1372· 9th Cir.· 1986-12-09 ·cited 14×
  A person who fraudulently induces an employee of a federally insured savings and loan association to transfer depositor funds to an uninsured bank account with intent to convert is guilty of theft under 18 U.S.C. § 2113(b), and the proceeds of such fraud are subject to 18 U.S.C.
• Elliott Rod Johnson v. O.L. McCOTTER
  804 F.2d 300· 5th Cir.· 1986-11-12 ·cited 14×
  The court affirmed the denial of federal habeas corpus relief, holding that the trial court's instructions did not violate Enmund v. Florida and that the death penalty was not discriminatorily imposed.
• United States v. Hammond
  781 F.2d 1536· 11th Cir.· 1986-02-10 ·cited 14×
  The court held that the evidence was sufficient to support the appellant's convictions for conspiracy and distributing controlled substances, and that the trial court did not err in denying severance or admitting certain testimony.
• Gov't OF the Virgin Islands v. Franke Hoheb
  777 F.2d 138· 3d Cir.· 1985-11-21 ·cited 14×
  The court held that inconsistent jury verdicts in a criminal trial, even in a conspiracy case, may be upheld based on Supreme Court precedent.
• United States v. Wardy
  777 F.2d 101· 2d Cir.· 1985-11-20 ·cited 14×
  The court held that the evidence was insufficient to support convictions for conspiracy to retaliate against a witness, but sufficient for convictions of armed bank robbery and aiding and abetting witness retaliation.
• United States v. Fallon
  776 F.2d 727· 7th Cir.· 1985-11-04 ·cited 14×
  The court held that the mailings of vehicle title applications were sufficiently "for the purpose of executing the scheme" to constitute mail fraud, and that sufficient evidence existed to support the convictions even if the jury considered stricken testimony.
• United States v. Silverman
  771 F.2d 1193· 9th Cir.· 1985-09-16 ·cited 14×
  The court held that statements implicating the defendant as a co-conspirator were properly admitted under FRE 801(d)(2)(E) and that a flight jury instruction was also proper.
• United States v. Regis Price
  763 F.2d 640· 4th Cir.· 1985-06-06 ·cited 14×
  The court held that the deposit of false credit card sales receipts, containing fictitious information, constitutes making a false statement under 18 U.S.C. § 1014, and an acquittal on a conspiracy charge does not preclude conviction on substantive offenses.
• United States v. Hoelscher
  764 F.2d 491· 8th Cir.· 1985-06-03 ·cited 14×
  The court held that the evidence was sufficient to support the jury's verdict for conspiracy and aiding and abetting distribution of cocaine, and that evidence from other counts was properly considered for identification.
• United States v. Vincent
  758 F.2d 379· 9th Cir.· 1985-04-16 ·cited 14×
  The court held that the district court did not err in admitting hearsay testimony under the co-conspirator exception, denying motions for mistrial, or in its jury instructions, and that the defendant received effective assistance of counsel.
• United States v. Hurley
  755 F.2d 788· 11th Cir.· 1985-03-19 ·cited 14×
  Evidence of post-escape contacts was admissible to prove intent for aiding and abetting an escape.
• United States v. Mohamed Arref Shami and Waleed Samaha
  754 F.2d 670· 6th Cir.· 1985-02-12 ·cited 14×
  A de novo review of a magistrate's report and recommendation is constitutionally and statutorily required when objections are filed.
• United States v. Keithan
  751 F.2d 9· 1st Cir.· 1984-12-19 ·cited 14×
  The court held that the district court did not abuse its discretion in its evidentiary rulings regarding cross-examination, videotaped depositions, and discovery disclosures.
• United States v. Elmo Dean Dressel
  742 F.2d 1256· 10th Cir.· 1984-09-05 ·cited 14×
  The court held that the appellant knowingly and intelligently waived his right to separate counsel, and his claims of ineffective assistance of counsel due to joint representation and prior representation were unsubstantiated.
• United States v. Arrington
  719 F.2d 701· 4th Cir.· 1983-10-14 ·cited 14×
  The court held that substantial evidence supported the jury's guilty verdict for aiding and abetting the receipt and sale of stolen goods, and the district court erred in granting a judgment of acquittal.
• United States v. Silvestri
  719 F.2d 577· 2d Cir.· 1983-10-07 ·cited 14×
  The court held that the defendant's entrapment defense failed because the government did not induce the crime, and his other claims regarding the conviction were without merit.
• United States v. Canel
  708 F.2d 894· 3d Cir.· 1983-05-31 ·cited 14×
  The District Court of the Virgin Islands has constitutional authority to try federal criminal offenses, and the limited tenure of its judges does not violate due process for litigants.
• United States v. Martin
  704 F.2d 267· 6th Cir.· 1983-04-04 ·cited 14×
  A defendant's jury trial waiver is valid if it is in writing, consented to by the government, approved by the court, and made voluntarily, knowingly, and intelligently, even without a specific on-the-record colloquy detailing all rights.
• United States v. Campbell
  702 F.2d 262· D.C. Cir.· 1983-03-15 ·cited 14×
  The court held that there was insufficient evidence to convict Larry Campbell of giving an illegal gratuity as an aider and abettor, affirming the trial court's post-verdict judgment of acquittal.