Aiding And Abetting

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

• United States v. Heinz G. Dall
  918 F.2d 52· 8th Cir.· 1990-09-05 ·cited 4×
  The court affirmed the sentence, finding sufficient evidence supported the base offense level calculation, manager enhancement, and that the sentence was reasonable.
• United States v. Zapata-Alvarez
  911 F.2d 1025· 5th Cir.· 1990-09-05 ·cited 4×
  The court held that the evidence was sufficient to support the conviction and that the federal sentencing guidelines were properly applied.
• United States v. Dirk Mayberry
  913 F.2d 719· 9th Cir.· 1990-09-04 ·cited 4×
  The court held that insufficient evidence existed to prove falsity for certain statements, requiring reversal of those convictions, while affirming others and remanding for resentencing.
• United States v. Jones
  909 F.2d 533· D.C. Cir.· 1990-07-27 ·cited 4×
  The court held that the jury instructions for the Travel Act were erroneous because they did not require proof of intent to violate specific state laws, and the evidence was insufficient to support the Mann Act conviction for 'transportation'.
• United States v. Hurtado
  899 F.2d 371· 5th Cir.· 1990-05-11 ·cited 4×
  The court held that the district court erred by applying the preponderance of the evidence standard instead of the clear and convincing evidence standard to determine the voluntariness of consent to search, requiring remand. The court also held that the defendant was not in custo
• United States v. Urrutia
  897 F.2d 430· 9th Cir.· 1990-02-28 ·cited 4×
  The court held that the 'larceny' provision of 18 U.S.C. § 2113(a) applies to the appellants' conduct and that the jury instructions were proper. However, the special assessment fees imposed were reversed.
• G.D. v. State
  557 So. 2d 123· Fla. 3d DCA· 1990-02-13 ·cited 4×
  G.D., a juvenile, was adjudicated delinquent for grand theft of an automobile, burglary of the vehicle, trespass, and criminal mischief. The court affirmed his convictions for auto theft, vehicle burglary, and trespass, but reversed the criminal mischief convictions due to insuff
• United States v. Lora
  895 F.2d 878· 2d Cir.· 1990-02-05 ·cited 4×
  A district court's acceptance of a guilty plea will be affirmed if the court adequately informed the defendant of the charges and established a factual basis for the plea, even if there was some initial equivocation by the defendant.
• United States v. Harrell
  894 F.2d 120· 5th Cir.· 1990-01-31 ·cited 4×
  Statements made during noncustodial interrogations are admissible even if Miranda warnings were not given, and evidence of foreign birth and use of false documents is sufficient to prove a false representation of citizenship.
• United States v. Jewell
  893 F.2d 193· 8th Cir.· 1990-01-09 ·cited 4×
  The court held that the circumstantial evidence was sufficient to support the jury's verdict finding the defendant guilty of aiding and abetting the theft of goods from an interstate shipment.
• United States v. Korab
  893 F.2d 212· 9th Cir.· 1989-12-20 ·cited 4×
  The court held that the government failed to prove a threatening interstate communication, which is a required element for federal extortion and solicitation charges.
• United States v. Brownlee
  890 F.2d 1036· 8th Cir.· 1989-11-30 ·cited 4×
  The court held that the jury instructions regarding mail fraud were not plain error and that sufficient evidence supported the convictions for aiding and abetting mail and wire fraud.
• Priddy v. Asher B. Edelman
  883 F.2d 438· 6th Cir.· 1989-07-28 ·cited 4×
  The court affirmed the summary judgment on common law claims and the denial of leave to amend, and consequently affirmed the settlement approval in the related case.
• B.J. Crawford v. Glenns, Inc.
  876 F.2d 507· 5th Cir.· 1989-07-05 ·cited 4×
  The court held that DMCS and Muelhaupt were not sellers of a security under Section 12(2) because they did not pass title or successfully solicit the transaction for their own financial benefit. The court also held that the issue of the $50,000 pork transfer's effect on damages w
• In the Interest of B.W. v. State
  546 So. 2d 29· Fla. 1st DCA· 1989-06-22 ·cited 4×
  The court held that the evidence was insufficient to support a delinquency adjudication for robbery based on aiding and abetting.
• United States v. Garcia
  868 F.2d 114· 4th Cir.· 1989-02-21 ·cited 4×
  The court held that the district court erred in setting aside the jury's verdict that the defendant used a deadly or dangerous weapon in resisting a federal officer, and that the defendant's conviction for unauthorized use of a vehicle was valid.
• United States v. Mainieri
  691 F. Supp. 1394· S.D. Fla.· 1988-08-10 ·cited 4×
  The court held that the indictment was sufficiently specific, the money laundering statute was not unconstitutionally vague, and the counts were not multiplicious.
• Anibal Rodriguez v. State
  528 So. 2d 1373· Fla. 3d DCA· 1988-08-09 ·cited 4×
  Anibal Rodriguez was convicted of attempted premeditated murder for his role as driver during a high-speed chase in which his passenger fired on police officers. The appellate court affirmed the conviction, holding that Rodriguez's evasive driving, acceleration, vehicle maneuveri
• United States v. Wiley
  847 F.2d 480· 8th Cir.· 1988-05-24 ·cited 4×
  A defendant must demonstrate a legitimate expectation of privacy in the searched area to have standing to challenge a search warrant.
• State v. Lucia Bermudez & Jorge Jimenez
  515 So. 2d 421· Fla. 3d DCA· 1987-11-17 ·cited 4×
  Florida appeals from an order granting a new trial in a cocaine trafficking case, arguing that a prosecutor's closing argument comment was not so prejudicial as to require a new trial. The court reverses the new trial order, finding the comment was harmless in context and adequat
• United States v. Wayman O. Adams
  834 F.2d 632· 7th Cir.· 1987-11-13 ·cited 4×
  The court held that the defendant failed to demonstrate actual prejudice from preindictment delay or late discovery disclosure, and thus his conviction is affirmed.
• Freer v. State
  514 So. 2d 1111· Fla. 1st DCA· 1987-10-15 ·cited 4×
  Albert Freer appeals his conviction for second-degree murder and grand theft, challenging his sentence as an impermissible departure from sentencing guidelines. The court affirms the convictions but reverses and remands for resentencing because none of the trial court's reasons f
• Toolate v. Borg
  828 F.2d 571· 9th Cir.· 1987-09-22 ·cited 4×
  A codefendant's in-court testimony that incriminates the defendant, but which the defendant cannot cross-examine, constitutes a Bruton error, but such error can be harmless if other overwhelming evidence of guilt exists.
• United States v. ELK
  820 F.2d 959· 8th Cir.· 1987-06-10 ·cited 4×
  A jury verdict is constitutional if jurors substantially agree on the nature of the defendant's guilty act, even if they disagree on whether the defendant acted as a principal or an aider/abettor.
• United States v. Lueben
  816 F.2d 1032· 5th Cir.· 1987-05-01 ·cited 4×
  The court held that the materiality of false statements under 18 U.S.C. § 1014 and § 1001 is a question of law for the court, not the jury, and remanded for an evidentiary hearing on materiality.
• United States v. Bell
  812 F.2d 188· 5th Cir.· 1987-02-25 ·cited 4×
  The court held that the evidence was sufficient to support the conviction, and the jury's credibility determinations regarding witness identification and accomplice liability were reasonable.
• United States v. Mann
  811 F.2d 495· 9th Cir.· 1987-02-25 ·cited 4×
  A conviction for aiding and abetting requires proof beyond a reasonable doubt that the principal committed the underlying offense, including the requisite intent.
• Am. Home Assurance Co. v. Dykema
  811 F.2d 1077· 7th Cir.· 1987-02-03 ·cited 4×
  The court held that the American Home policy did not cover the full settlement amount because the injurious effects did not occur within its policy period, and that both American Home and Northbrook were liable for portions of the settlement.
• Hall v. State
  500 So. 2d 661· Fla. 1st DCA· 1986-12-31 ·cited 4×
  The court held that the circumstantial evidence presented was insufficient to support a conviction for armed robbery and first-degree murder, as it relied on an impermissible stacking of inferences.
• United States v. Martinez
  806 F.2d 945· 9th Cir.· 1986-12-22 ·cited 4×
  The court held that the evidence was sufficient to support convictions for conspiracy and aiding and abetting the procurement of false evidence of citizenship, and that 18 U.S.C. § 1425(a) does not require the false evidence to have been used.
• Willis v. State
  497 So. 2d 947· Fla. 1st DCA· 1986-11-14 ·cited 4×
  A conviction for aiding and abetting requires proof of assistance and intent to participate in the crime, not merely knowledge of the offense.
• Troedel v. Wainwright
  667 F. Supp. 1456· S.D. Fla.· 1986-09-23 ·cited 4×
  The court held that the prosecution's knowing use of misleading expert testimony and the failure to disclose exculpatory evidence rendered the trial fundamentally unfair, warranting habeas corpus relief.
• Henry v. State
  492 So. 2d 485· Fla. 5th DCA· 1986-08-07 ·cited 4×
  The court held that the appellant could only be convicted of one possession charge, as the second was a lesser included offense.
• Holland v. Scully
  797 F.2d 57· 2d Cir.· 1986-07-07 ·cited 4×
  The court held that the admission of co-defendants' confessions, in light of the Supreme Court's decision in Lee v. Illinois, constituted a Bruton violation that could not be considered harmless error.
• United States v. Wiesner
  789 F.2d 1264· 7th Cir.· 1986-05-01 ·cited 4×
  The court held that sufficient evidence supported the conviction and that the jury instructions and admonishments were proper.
• United States v. Spell
  789 F.2d 143· 2d Cir.· 1986-04-25 ·cited 4×
  The court held that there was sufficient evidence to convict Spell for aiding and abetting, and any error in admitting cash possession evidence against Watson was harmless.
• United States v. Cotoia
  785 F.2d 497· 4th Cir.· 1986-03-06 ·cited 4×
  The court held that altered mileage on motor vehicle title certificates constitutes a material falsification under 18 U.S.C. § 2314, and that the Motor Vehicle Information and Cost Savings Act does not supersede this statute.
• United States v. Weldon Parkhill and William E. Devine
  775 F.2d 612· 5th Cir.· 1985-10-28 ·cited 4×
  The court affirmed the convictions, holding that the trial court did not constructively amend the indictment and that there was sufficient evidence to sustain the guilty verdicts.
• United States v. Svend Edvard Petersen
  777 F.2d 482· 9th Cir.· 1985-10-25 ·cited 4×
  The court held that the defendants' contentions regarding the contract interpretation, sufficiency of evidence, and ineffective assistance of counsel were meritless.
• United States v. Centracchio
  774 F.2d 856· 7th Cir.· 1985-10-16 ·cited 4×
  The court held that the trial judge did not err in denying severance motions and that the exchanges between counsel and the judge did not prejudice the jury, thus affirming the convictions.
• Pommier v. State
  476 So. 2d 284· Fla. 1st DCA· 1985-10-08 ·cited 4×
  Pommier appeals his sentence of 25 years imprisonment, which exceeded the sentencing guidelines range of 2.5 to 4.5 years. The court reversed and remanded for resentencing because the trial judge's written statement of reasons for departure applied to both defendants collectively
• United States v. C.L. Carr
  764 F.2d 496· 8th Cir.· 1985-06-07 ·cited 4×
  The court held that the district court did not err in denying the motion to dismiss the indictment despite the improper characterization of an FBI agent as a "grand jury agent," as the appellant failed to demonstrate prejudice. The court also held that the district court did not
• United States v. Reyes
  759 F.2d 351· 4th Cir.· 1985-04-10 ·cited 4×
  The court held that the appellant was entitled to a determination of whether their delay in filing an appeal constituted excusable neglect under Rule 4(b).
• United States v. Hawkes
  753 F.2d 355· 4th Cir.· 1985-01-29 ·cited 4×
  The court should affirm Sylvia Hawkes' conviction because the evidence supports a jury instruction on intentional flight as reflecting consciousness of guilt.
• State v. Howze
  458 So. 2d 318· Fla. 3d DCA· 1984-09-25 ·cited 4×
• United States v. Tertrou
  742 F.2d 538· 9th Cir.· 1984-09-11 ·cited 4×
  The court held that the trial court erred in considering a motion for acquittal as a pre-trial motion under the Speedy Trial Act, requiring remand to determine dismissal with or without prejudice.
• United States v. Cuahtemoc Alvarado-Arriola
  742 F.2d 1143· 9th Cir.· 1984-07-12 ·cited 4×
  The court held that the rejection of a guilty plea based on insufficient factual basis does not estop the government from indicting the defendant for felonies, nor does it constitute vindictive prosecution or fundamental unfairness.
• United States v. Blackwood
  735 F.2d 142· 4th Cir.· 1984-05-29 ·cited 4×
  The court held that the jury instructions regarding willful misapplication of bank funds and intent to defraud were erroneous, requiring reversal of the conviction.
• The United States v. Boley
  730 F.2d 1326· 10th Cir.· 1984-03-14 ·cited 4×
  The court held that there was sufficient evidence to support the appellant's conviction for attempted debt collection by extortionate means and that the trial court did not err in admitting the edited tape recording or in allowing the co-defendant to testify as a rebuttal witness
• United States v. Nealy
  729 F.2d 961· 4th Cir.· 1984-03-12 ·cited 4×
  A person can be convicted of aiding and assisting in the preparation and presentation of false tax returns even if they did not directly prepare the returns, as long as they knowingly participated in providing information that resulted in a materially fraudulent tax return.