Aiding And Abetting

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

• A.S.F. v. State
  70 So. 3d 754· Fla. 4th DCA· 2011-10-05 ·cited 10×
  A.S.F., a juvenile, was convicted of aggravated battery and strong arm robbery and adjudicated delinquent based on circumstantial evidence. The Fourth District Court of Appeal reversed, holding that the State failed to prove beyond a reasonable doubt that A.S.F. actively particip
• Swanson v. State
  713 So. 2d 1097· Fla. 4th DCA· 1998-07-22 ·cited 10×
  Edward Swanson appeals his grand theft conviction for an all-terrain vehicle, arguing insufficient evidence of his intent to participate in the theft. The Fourth District Court of Appeal affirms, holding that Swanson's actions of stopping and driving his van with headlights illum
• In re Checkers Securities Litigation
  858 F. Supp. 1168· M.D. Fla.· 1994-07-05 ·cited 10×
  The court denied most motions to dismiss, allowing claims for violations of Section 10(b) and Rule 10b-5, Section 20(a), common law fraud, and negligent misrepresentation to proceed, but granted the motion to dismiss the aiding and abetting claim.
• United States v. Paramo
  998 F.2d 1212· 3d Cir.· 1993-07-07 ·cited 10×
• United States v. Arambula-Ruiz
  987 F.2d 599· 9th Cir.· 1993-03-03 ·cited 10×
  The court held that the admission of a prior drug conviction for knowledge and intent was proper under Rule 404(b), and co-conspirator statements were admissible under Rule 801(d)(2)(E); errors in admitting prior arrests were harmless, and no Bruton error occurred.
• United States v. Norquay
  987 F.2d 475· 8th Cir.· 1993-02-08 ·cited 10×
  The court affirmed Norquay's conviction and sentence, affirmed Schoenborn's conviction, but reversed Schoenborn's sentence and remanded for resentencing.
• United States v. Timothy Wayne Morrow (89-5418/5708) & George Mooneyham (89-5710)
  977 F.2d 222· 6th Cir.· 1992-10-07 ·cited 10×
  The court held that the evidence was insufficient to support Morrow's conviction for aiding and abetting the carrying of a firearm during a drug trafficking offense.
• United States v. Wint
  974 F.2d 961· 8th Cir.· 1992-08-28 ·cited 10×
  District judges retain discretion to depart upward or downward from guideline sentences when commentaries do not fully describe offender conduct or background. Appeals courts should affirm such departures.
• United States v. Mullins
  971 F.2d 1138· 4th Cir.· 1992-08-07 ·cited 10×
  The court held that the uncharged life insurance fraud was not part of the same course of conduct or common scheme as the offense of conviction, and that restitution under the Victim and Witness Protection Act cannot include consequential damages and requires specific findings on
• United States v. Holt
  969 F.2d 685· 8th Cir.· 1992-07-14 ·cited 10×
  The court affirmed conspiracy convictions and sentences for Perfetto and Ball, vacated CCE convictions for Holt and Perfetto, and vacated Holt's obstruction of justice sentence for a new hearing.
• United States v. Patterson
  962 F.2d 409· 5th Cir.· 1992-05-21 ·cited 10×
  The court affirmed the defendant's convictions on four counts, vacated his sentence, and remanded for resentencing because the district court erred in finding the defendant was an organizer or supervisor based on unreliable evidence and improperly grouped all offenses into a sing
• United States v. Hinojosa
  958 F.2d 624· 5th Cir.· 1992-04-03 ·cited 10×
  The court affirmed the convictions and sentences, finding the evidence sufficient and no improprieties in jury selection or sentencing calculations.
• United States v. Beaulieau
  959 F.2d 375· 2d Cir.· 1992-03-05 ·cited 10×
  The court affirmed Beaulieau's conviction and sentence, finding no error in the calculation of his base offense level. The court vacated Townsend's sentence and remanded for resentencing, holding that a prior sealed burglary conviction should not have been included in his crimina
• United States v. Comeaux
  955 F.2d 586· 8th Cir.· 1992-01-31 ·cited 10×
  The court held that the warrantless search of garbage was permissible, search warrants were supported by probable cause, redacted codefendant statements were admissible, and the vicarious liability instruction was proper.
• United States v. Davis
  953 F.2d 1482· 10th Cir.· 1992-01-22 ·cited 10×
  The court held that the defendant Davis was sufficiently connected to a federally insured institution to be liable under 18 U.S.C. § 657 and § 1006, and that the superseding indictment did not impermissibly broaden the charges, thus not being time-barred.
• United States v. Quarles
  955 F.2d 498· 8th Cir.· 1992-01-14 ·cited 10×
  The court held that the evidence seized during the stops and searches was admissible, and that the convictions and sentence were supported by sufficient evidence.
• United States v. Haren
  952 F.2d 190· 8th Cir.· 1991-12-20 ·cited 10×
  The court affirmed the convictions and sentences of the appellants, finding sufficient evidence for convictions, no reversible error in jury instructions or evidentiary rulings, and no abuse of discretion in sentencing enhancements.
• United States v. Briggs
  939 F.2d 222· 5th Cir.· 1991-08-02 ·cited 10×
  The court held that a defendant's allegations, if true, could support a due process claim that her guilty plea was not knowing and intelligent because the conduct for which she was convicted did not constitute bank fraud under the statute.
• United States v. Marcel Dupre Duke
  935 F.2d 161· 8th Cir.· 1991-06-10 ·cited 10×
  The court held that the district court did not err in applying a two-point increase for obstruction of justice, denying a two-point reduction for acceptance of responsibility, and applying a two-point increase for possession of a firearm.
• United States v. Bennie Johnson
  934 F.2d 936· 8th Cir.· 1991-05-30 ·cited 10×
  The court held that the district court did not abuse its discretion in admitting evidence of subsequent drug transactions under Rule 404(b) and testimony regarding Frank Noel as background information, and that these did not constructively amend the indictment.
• United States v. Vernon Barrett (90-5715)
  933 F.2d 355· 6th Cir.· 1991-05-08 ·cited 10×
  The court held that the evidence was sufficient to prove conspiracy and possession with intent to distribute, and that convictions for conspiracy and attempt arising from the same transaction do not violate double jeopardy.
• United States v. Mauricio Londono-Villa
  930 F.2d 994· 2d Cir.· 1991-04-10 ·cited 10×
  The court held that to convict a defendant of importing or conspiring to import narcotics under 21 U.S.C. §§ 952, 960, and 963, the government must prove beyond a reasonable doubt that the defendant knew or intended the narcotics would be imported into the United States.
• United States v. Blanco
  920 F.2d 844· 11th Cir.· 1991-01-10 ·cited 10×
  The court held that the evidence was sufficient to sustain the convictions and that the jury instructions, when viewed as a whole, did not constitute plain error.
• United States v. Timothy Wayne Morrow (89-5418/5708)
  923 F.2d 427· 6th Cir.· 1991-01-10 ·cited 10×
  The court affirmed convictions on drug manufacturing and conspiracy charges but vacated the conviction for carrying a firearm during a drug trafficking offense due to an inadequate jury instruction.
• Fine v. Yates
  919 F.2d 290· 5th Cir.· 1990-12-04 ·cited 10×
  The court held that the plaintiffs presented sufficient evidence to raise a genuine issue of material fact regarding scienter and reliance, precluding summary judgment for the accounting firm.
• United States v. James B. Frost (89-5144/5145) & Charles L. Griffin (89-5146/5147)
  914 F.2d 756· 6th Cir.· 1990-09-13 ·cited 10×
  The court held that the evidence was sufficient to support the defendants' convictions for conspiracy, bribery, and misapplication of bank funds, and that the district court did not abuse its discretion in its rulings.
• Ichiro Ikuno v. YIP
  912 F.2d 306· 9th Cir.· 1990-08-17 ·cited 10×
  The court held that a potential legal negligence claim is property subject to execution under Washington law, and that a plaintiff can acquire such a claim through a sheriff's sale. The court also found that genuine issues of material fact precluded summary judgment on certain RI
• United States v. Prine
  909 F.2d 1109· 8th Cir.· 1990-07-18 ·cited 10×
  The convictions for drug and firearm offenses are affirmed, but the sentences are vacated and remanded for resentencing because the district court improperly used an invalid drug equivalency table.
• United States v. Meyer
  906 F.2d 1247· 8th Cir.· 1990-06-26 ·cited 10×
  The court held that the defendant's Sixth Amendment speedy trial rights were not violated by the delay between the dismissal of the first indictment and the return of the second, and that the evidence was sufficient to support her conviction.
• United States v. Buchanan
  904 F.2d 349· 6th Cir.· 1990-05-25 ·cited 10×
  The court held that the warrantless entry into the defendant's home was not justified by exigent circumstances, and the subsequent consent to search was tainted by the illegal entry, requiring suppression of the seized evidence.
• United States v. Santana
  898 F.2d 821· 1st Cir.· 1990-03-21 ·cited 10×
  The court held that the evidence was sufficient to support the conviction for aiding and abetting the possession of cocaine with intent to distribute, and that the voice recording was properly authenticated and admitted.
• United States v. Armstrong
  898 F.2d 734· 9th Cir.· 1990-03-13 ·cited 10×
  The court held that implying aiding and abetting under 18 U.S.C. § 2(a) in an indictment that specifically charged causing under § 2(b) did not materially amend the indictment, and that any errors in jury instructions did not constitute plain error affecting the verdict.
• United States v. Castiglia
  894 F.2d 533· 2d Cir.· 1990-01-17 ·cited 10×
• United States v. Caves
  890 F.2d 87· 8th Cir.· 1989-11-22 ·cited 10×
  The court held that the warrantless roadside search of the vehicle was permissible under the automobile exception due to probable cause, the station house search warrant was sufficiently particular, and the inventory searches of the purse were lawful.
• United States v. Serra
  882 F.2d 471· 11th Cir.· 1989-07-25 ·cited 10×
  The court held that retrial after a mistrial is permissible unless the government intended to provoke the mistrial, and that sentences for crimes committed before the federal sentencing guidelines took effect are not subject to appellate review if within statutory limits.
• United States v. Hays
  872 F.2d 582· 5th Cir.· 1989-04-25 ·cited 10×
  The court held that the district court erred in admitting a substantial amount of irrelevant, cumulative, and prejudicial evidence, which impermissibly affected the substantial rights of the defendants.
• United States v. Koya Olatunji
  872 F.2d 1161· 3d Cir.· 1989-04-21 ·cited 10×
  The court held that the indictment's Count Two sufficiently alleged mail fraud, as it described a scheme to obtain student aid through false pretenses and representations, even if those representations were made to the INS rather than directly to the Department of Education.
• United States v. Rivera
  872 F.2d 507· 1st Cir.· 1989-04-10 ·cited 10×
  The court held that the defendant's re-prosecution on count two was barred by double jeopardy, but affirmed convictions on counts one and three, finding no reversible error in jury instructions or evidence admission.
• United States v. Heller
  866 F.2d 1336· 11th Cir.· 1989-03-02 ·cited 10×
  The court held that the indictment was legally sufficient and that the district court erred in dismissing it, as the government need only prove the transaction was a sham for tax purposes, regardless of Swiss law or the movement of 'real' money.
• United States v. Di Pasquale
  864 F.2d 271· 3d Cir.· 1988-12-23 ·cited 10×
  The court held that the district court did not err in denying a Batson hearing for Italian-Americans, denying a motion for recusal, enhancing sentences under 18 U.S.C. § 3147 without specific notice, or in its grand jury selection process.
• Corson v. State
  527 So. 2d 928· Fla. 5th DCA· 1988-06-30 ·cited 10×
  Robert Corson was charged with possession of cocaine after an undercover drug operation, but the evidence showed only his co-defendant Skipper actually possessed and purchased the cocaine. The court reversed the denial of Corson's motion to dismiss, holding that the state failed
• State Farm Fire & Cas. Co. v. Bomke
  849 F.2d 1218· 9th Cir.· 1988-06-20 ·cited 10×
  The court held that an insured's participation in kidnapping, rape, and forced oral copulation, even as an aider and abettor, demonstrates an intent to harm, thus excluding liability coverage under California law.
• United States v. Perrera
  842 F.2d 73· 4th Cir.· 1988-03-23 ·cited 10×
  The court held that the prosecutor's comments at sentencing were permissible under the plea agreement and that the district court adequately addressed disputed facts in the presentence report. The court also held that the denial of a continuance and a handwriting expert to the co
• United States v. Solis
  841 F.2d 307· 9th Cir.· 1988-03-08 ·cited 10×
  The court held that instructing the jury on possession with intent to distribute, when the indictment only charged distribution, constituted a conviction for an offense different from that charged, violating the Fifth Amendment. The court also held that the evidence was sufficien
• United States v. Smith
  832 F.2d 1167· 9th Cir.· 1987-11-20 ·cited 10×
  Evidence of prior and subsequent negotiations and illicit transactions, in addition to the specific sale charged, can be used to establish a seller's guilt as an aider and abettor for the recipient's possession with intent to distribute.
• United States v. Casey
  835 F.2d 148· 7th Cir.· 1987-11-13 ·cited 10×
  The court affirmed the defendant's conviction, holding that the trial court did not abuse its discretion in conducting voir dire and that the verdict forms did not improperly amend the indictment.
• United States v. Figueroa
  832 F.2d 691· 1st Cir.· 1987-11-05 ·cited 10×
  The court held that there was sufficient evidence for a jury to find the defendant guilty beyond a reasonable doubt of conspiracy to commit mail fraud and aiding and abetting mail fraud.
• United States v. Bishop
  825 F.2d 1278· 8th Cir.· 1987-08-13 ·cited 10×
  The court held that the defendants' scheme to defraud lenders by counseling farmers to sell mortgaged cattle at below-market prices with misrepresentations and concealment constituted mail and wire fraud, and the evidence was sufficient to support their convictions.
• United States v. Sigalow
  812 F.2d 783· 2d Cir.· 1987-02-23 ·cited 10×
  An aider and abettor of a Travel Act violation need not have assisted in or known about the acts that satisfy the jurisdictional element, as long as they knew the nature of the substantive offense they furthered.
• United States v. Wyatt
  807 F.2d 1480· 9th Cir.· 1987-01-13 ·cited 10×
  The court held that jury instructions, when considered as a whole, did not impermissibly shift the burden of proof, and that the defendant's understanding of RICO aiding and abetting requirements was flawed.