Aiding And Abetting

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

• Flounory v. State
  674 So. 2d 857· Fla. 4th DCA· 1996-05-22 ·cited 4×
• Taylor v. State
  747 So. 2d 393· Fla. 2d DCA· 1996-04-10 ·cited 4×
  Warren Taylor was convicted of two counts of armed robbery as an aider and abettor, but the appellate court reversed because the state failed to prove Taylor had the specific intent to participate in the robberies. The court held that mere presence at the scene, knowledge of the
• C.N.W. v. State
  670 So. 2d 1052· Fla. 2d DCA· 1996-03-13 ·cited 4×
  C.N.W. was convicted of grand theft and burglary arising from a parking lot theft incident. The court affirmed her burglary conviction based on sufficient evidence of aiding and abetting, but reversed her grand theft conviction due to insufficient evidence of property value and r
• Rodriguez v. State
  643 So. 2d 111· Fla. 2d DCA· 1994-10-07 ·cited 4×
  The court held that the prosecution failed to establish all elements of conspiracy to deliver cocaine, as the defendant's involvement was minimal and not a consensual undertaking.
• J.L.W. v. State
  642 So. 2d 1198· Fla. 2d DCA· 1994-09-30 ·cited 4×
  J.L.W., a juvenile, was adjudicated delinquent for attempted armed robbery based on evidence that he was present in a vehicle from which a robbery was committed. The appellate court reversed, holding that mere presence in the car without evidence of aiding, abetting, or criminal
• United States v. Lambert
  995 F.2d 1006· 10th Cir.· 1993-06-14 ·cited 4×
  The court held that the trial court did not abuse its discretion in admitting evidence of preliminary discussions about the robbery, and that a sentencing enhancement for a threat made by a co-perpetrator was appropriate because it was reasonably foreseeable.
• United States v. Monroe
  990 F.2d 1370· D.C. Cir.· 1993-04-30 ·cited 4×
  The court held that sufficient evidence supported the conviction for aiding and abetting possession with intent to distribute, but the sentence enhancement for obstruction of justice was improperly applied.
• United States v. Travis
  993 F.2d 1316· 8th Cir.· 1993-04-29 ·cited 4×
  The court held that the search warrants were valid, the evidence was sufficient to support the convictions, and the prosecutor's remarks did not deprive the defendants of a fair trial. The court also affirmed the sentence.
• United States v. Williams
  985 F.2d 749· 5th Cir.· 1993-02-24 ·cited 4×
  The court held that the evidence was sufficient to support convictions for drug offenses but reversed convictions for firearm offenses due to a defective jury instruction and insufficient evidence for two defendants.
• United States v. Morales-Cartagena
  987 F.2d 849· 1st Cir.· 1993-02-23 ·cited 4×
  The court held that there was sufficient evidence to convict the defendants of aiding and abetting drug offenses, and that the jury instructions and alleged prosecutorial misconduct did not constitute reversible error.
• United States v. Yonatan Teffera
  985 F.2d 1082· D.C. Cir.· 1993-02-19 ·cited 4×
  The court held that the evidence presented at trial was insufficient for a reasonable juror to find beyond a reasonable doubt that the defendant constructively possessed the drugs or aided and abetted their possession.
• United States v. Gunning
  984 F.2d 1476· 7th Cir.· 1993-02-08 ·cited 4×
  The court held that the evidence was sufficient to support the conspiracy and firearm convictions, and that Angela's sentencing enhancements were not clearly erroneous.
• United States v. Pena
  983 F.2d 71· 6th Cir.· 1993-01-14 ·cited 4×
  The court held that the evidence was insufficient to prove beyond a reasonable doubt that the defendant knew of the cocaine's existence or aided and abetted its possession with intent to distribute.
• United States v. Pardue
  983 F.2d 835· 8th Cir.· 1993-01-04 ·cited 4×
  The court held that the district court erred in finding entrapment as a matter of law and outrageous government conduct, as sufficient evidence existed for the jury to find the defendant predisposed to commit the crime.
• United States v. Alvarado
  982 F.2d 659· 1st Cir.· 1992-12-31 ·cited 4×
  The court held that there was sufficient evidence to support convictions for aiding and abetting possession with intent to distribute cocaine, and that the jury instructions on importation did not constitute plain error.
• United States v. Fragoso
  978 F.2d 896· 5th Cir.· 1992-11-23 ·cited 4×
  The court affirmed the conviction and sentence, holding that the trial court did not err in its Jencks Act determinations, its admission of coconspirator statements, its jury instructions, or its sentencing procedures, and that any errors were harmless.
• United States v. Clifford
  979 F.2d 896· 1st Cir.· 1992-11-20 ·cited 4×
  The court held that circumstantial evidence, though thin, was sufficient to support the jury's verdict for conspiracy and aiding and abetting possession with intent to distribute marijuana.
• United States v. Reyes
  979 F.2d 1406· 10th Cir.· 1992-11-17 ·cited 4×
  The court held that the district court's finding that the defendant negotiated for the sale of an additional pound of cocaine was clearly erroneous, as the evidence did not support an agreement or negotiation.
• United States v. Simpson
  979 F.2d 1282· 8th Cir.· 1992-11-05 ·cited 4×
  An aider and abettor is punishable under 18 U.S.C. § 924(c) for using a firearm in a violent crime, and the district court has no discretion to depart from the mandatory minimum sentence for such a charge.
• United States v. Vasquez-Chan
  978 F.2d 546· 9th Cir.· 1992-11-02 ·cited 4×
  The court held that the evidence was legally insufficient to support the defendants' convictions for conspiracy to possess with intent to distribute cocaine.
• United States v. Walling
  974 F.2d 140· 10th Cir.· 1992-08-31 ·cited 4×
  The court held that the Interstate Agreement on Detainers Act does not apply to transfers between federal judicial districts, simultaneous jury selection for unrelated cases is permissible within the court's discretion, a DWAI conviction is a similar offense to DUI for sentencing
• United States v. Blankenship
  970 F.2d 283· 7th Cir.· 1992-07-21 ·cited 4×
  A defendant who merely supplies goods or services to a criminal enterprise, without intending to join or promote its overall success, cannot be convicted of conspiracy for the entire enterprise's activities.
• United States v. Kingston
  971 F.2d 481· 10th Cir.· 1992-07-17 ·cited 4×
  The court held that the district court did not abuse its discretion in admitting certain testimony and excluding other evidence, and that sufficient evidence supported the convictions.
• Parker v. Ryan
  960 F.2d 543· 5th Cir.· 1992-05-14 ·cited 4×
  The court held that the district court erred by issuing a constructive trust order against a non-party without providing adequate notice and an opportunity to be heard, violating Federal Rule of Civil Procedure 65(a)(1).
• United States v. Alphonse Cuozzo
  962 F.2d 945· 9th Cir.· 1992-04-27 ·cited 4×
  The court affirmed the convictions, finding no abuse of discretion in the evidentiary rulings, severance denials, Allen charge, or refusal to reread testimony.
• United States v. Barry L. Knipp (91-5312)
  963 F.2d 839· 6th Cir.· 1992-04-27 ·cited 4×
  The court held that extending a statute of limitations before it has run does not violate the Ex Post Facto Clause, and that the district court did not abuse its discretion regarding jury impartiality or in denying motions for acquittal and a new trial.
• United States v. Coyote
  963 F.2d 1328· 10th Cir.· 1992-04-21 ·cited 4×
  The court held that the defendant's conviction for conspiracy to possess and distribute methamphetamine, use of a communication facility, and possession with intent to distribute was supported by sufficient evidence, and that the trial court did not err in denying her motion to q
• United States v. Galvan
  961 F.2d 738· 8th Cir.· 1992-04-09 ·cited 4×
  The court affirmed the convictions, finding sufficient evidence for conspiracy and aiding and abetting, and that the district court did not err in its sentencing calculations or jury instructions, nor did the prosecutor's comment on failure to testify violate the defendant's righ
• United States v. Martiarena
  955 F.2d 363· 5th Cir.· 1992-03-11 ·cited 4×
  The court held that the evidence was insufficient to support a conviction for aiding and abetting the willful failure to file a Currency Transaction Report (CTR), as the defendant's actions did not demonstrate active participation in her father's criminal omission.
• United States v. Torcasio
  959 F.2d 503· 4th Cir.· 1992-03-11 ·cited 4×
  The court affirmed the conviction but remanded for resentencing because an upward adjustment for testimonial denial of guilt under the Sentencing Guidelines was unconstitutional.
• United States v. Robinson Ramirez and Nicolas Farias Sanchez
  954 F.2d 1035· 5th Cir.· 1992-02-19 ·cited 4×
  The court affirmed Ramirez's conviction, reversed Sanchez's money laundering conviction, and remanded for resentencing.
• United States v. Cameron
  953 F.2d 240· 6th Cir.· 1992-01-07 ·cited 4×
  Retrial after a mistrial declared due to manifest necessity, even if the necessity arose from publicity concerning the judge, does not violate the Double Jeopardy Clause.
• United States v. Varah
  952 F.2d 1181· 10th Cir.· 1991-12-18 ·cited 4×
  The court held that appeals are held in abeyance pending the district court's ruling on post-trial motions, and the notice of appeal becomes effective upon disposition of those motions.
• United States v. Brown
  946 F.2d 1191· 6th Cir.· 1991-10-10 ·cited 4×
  The court held that the district court's refusal to give an addict-informant instruction, when the informant's testimony was uncorroborated on crucial points, constituted plain error depriving the defendant of a fair trial.
• Moore v. Deputy Commissioner(S) OF Scihuntingdon
  946 F.2d 236· 3d Cir.· 1991-10-08 ·cited 4×
  The court held that the district court erred in granting a writ of habeas corpus, finding that the evidence was constitutionally sufficient to support the conviction and that trial counsel was not ineffective.
• United States v. Sides
  944 F.2d 1554· 10th Cir.· 1991-09-24 ·cited 4×
  The court held that there was sufficient evidence to support the defendant's convictions for first-degree murder, and that the admission of prior convictions and crime scene photographs, as well as prosecutorial remarks, did not constitute plain error.
• Pettaway v. Plummer
  943 F.2d 1041· 9th Cir.· 1991-08-23 ·cited 4×
  The court held that the Double Jeopardy Clause, through collateral estoppel, bars the State from retrying Pettaway on the theory that he personally shot the victim, because a prior jury necessarily determined this issue adversely to the prosecution.
• United States v. Hallock
  941 F.2d 36· 1st Cir.· 1991-08-06 ·cited 4×
  The court held that the defendant waived his right to counsel of choice by failing to raise the issue in the district court and that the denial of a bill of particulars was not an abuse of discretion.
• United States v. Gutberlet
  939 F.2d 643· 8th Cir.· 1991-07-29 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the motion to sever, that the defendant lacked standing to suppress evidence seized from a co-arrestee, and that the jury instructions adequately covered the defense's theory.
• United States v. Brown
  937 F.2d 68· 2d Cir.· 1991-06-25 ·cited 4×
  A prior New Jersey conviction classified as a 'high misdemeanor' is considered a 'felony' for the purpose of federal sentence enhancement under 21 U.S.C. § 841(b)(1)(B) if it is punishable by more than one year imprisonment.
• United States v. King
  936 F.2d 477· 10th Cir.· 1991-06-12 ·cited 4×
  The court held that the defendant's failure to provide his attorney with essential information about potential witnesses constituted a waiver of his ineffective assistance of counsel claim. However, the court also held that the evidence was insufficient to convict the defendant o
• RCM Sec. Fund, Inc. v. Stanton
  928 F.2d 1318· 2d Cir.· 1991-03-26 ·cited 4×
  State law, not federal law, governs the adequacy of a shareholder's demand on a corporation's board of directors in a derivative action, including the futility exception.
• United States v. Easley
  927 F.2d 1442· 8th Cir.· 1991-03-21 ·cited 4×
  The court held that the district court's jury instructions on obscenity were proper and that the statute 18 U.S.C. § 1461 is not facially invalid. The court also rejected claims of double jeopardy.
• ST. Clair v. State
  575 So. 2d 243· Fla. 2d DCA· 1991-02-08 ·cited 4×
  Albert St. Clair appeals his convictions for cocaine possession and delivery. The court vacates the possession conviction for lack of evidence that St. Clair ever possessed the cocaine, but affirms his delivery conviction, holding that a defendant can be convicted of drug deliver
• United States v. Rayful Edmond, III
  924 F.2d 261· D.C. Cir.· 1991-01-22 ·cited 4×
  The dissenting judge believes the court should follow the D.C. Court of Appeals' interpretation of D.C. law regarding aider and abettor convictions, even if it differs from federal precedent.
• United States v. Snell
  922 F.2d 588· 10th Cir.· 1990-12-28 ·cited 4×
  The court held that the government's appeal of the sentence reduction was timely and that the district court erred in declaring the statute and guideline unconstitutional, requiring resentencing. The court also affirmed the conviction, finding sufficient evidence for aiding and a
• United States v. Kline
  922 F.2d 610· 10th Cir.· 1990-12-28 ·cited 4×
  The court held that there was insufficient evidence to prove the defendant made or presented the false claims, and that the jury instruction on aiding and abetting was improper as it was not charged in the indictment.
• United States v. Berkery
  919 F.2d 817· 2d Cir.· 1990-11-20 ·cited 4×
  A single instance of possessing a precursor chemical (P2P) is insufficient to support a conviction for conspiracy to manufacture methamphetamine without additional evidence of a manufacturing scheme or a continuous supply operation. However, sufficient evidence can support a conv
• United States v. Ames Sintering Co. (90-1478)
  927 F.2d 232· 6th Cir.· 1990-10-17 ·cited 4×
  The court held that the indictment sufficiently charged wire fraud and conspiracy, and that a corporation can conspire with its officers and employees for purposes of criminal conspiracy statutes.
• McCarthy v. Barnett Bank of Polk Cnty.
  750 F. Supp. 1119· M.D. Fla.· 1990-10-15 ·cited 4×
  The court held that most claims stated a claim for relief, but dismissed specific 10b-5(b) and Section 12(1) claims for certain plaintiffs due to failure to plead misrepresentation or untimeliness.