Aiding And Abetting

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

• FOY v. J.F. Donnelly
  959 F.2d 1307· 5th Cir.· 1992-04-21 ·cited 2×
  The court held that the content of an accomplice's confession was not disclosed to the jury to the extent necessary to violate the petitioner's Sixth Amendment Confrontation Clause rights, the evidence was sufficient to sustain a conviction for armed robbery, and the prosecutor d
• United States v. Robinson-Munoz
  961 F.2d 300· 1st Cir.· 1992-04-09 ·cited 2×
  The court held that the district court did not err in admitting a co-defendant's statement, that sufficient evidence proved appellants' knowledge of the marijuana, and that jurisdiction was properly established.
• United States v. Daniel
  962 F.2d 100· 1st Cir.· 1992-04-03 ·cited 2×
  The court held that the defendant was not forced to proceed pro se and that the denial of a minor participant reduction was not plain error.
• United States v. O'Hara
  960 F.2d 11· 2d Cir.· 1992-03-24 ·cited 2×
  The court held that a prior directed verdict of acquittal for alleged co-conspirators does not have preclusive effect on charges against a defendant who pleaded guilty, nor does it constitute a 'fair and just reason' to withdraw the plea.
• United States v. Ewing
  957 F.2d 115· 4th Cir.· 1992-02-20 ·cited 2×
  The court held that the district court did not err in denying the motion to withdraw the guilty plea or in finding a factual basis for the plea, but did err in calculating restitution without required factual findings.
• Ethics in Gov't Act of 1978
  956 F.2d 287· D.C. Cir.· 1992-02-14 ·cited 2×
  The court held that it lacks jurisdiction to award attorneys' fees incurred post-indictment and that the petitioner failed to meet the 'but for' requirement for fees incurred during the investigation.
• Dumas v. State
  592 So. 2d 383· Fla. 2d DCA· 1992-01-31 ·cited 2×
  The court held that departure sentences based on excessive physical trauma were improper when the defendant did not personally inflict the trauma.
• Pathe Computer Control Sys. Corp. v. Kinmont Indus., Inc.
  955 F.2d 94· 1st Cir.· 1992-01-28 ·cited 2×
  A sanction for filing a motion to transfer based on an improper purpose is permissible, but a sanction for pursuing a fraud claim is not, if the claim had a good faith basis and was abandoned promptly.
• United States v. Sabino Gonzalez-Sanchez
  953 F.2d 1184· 9th Cir.· 1992-01-17 ·cited 2×
  The court held that converting seized cash to its drug equivalent for sentencing is improper without evidence linking the cash to drug transactions. It also held that attributing drug quantities from another individual's transactions is improper without a conspiracy finding or ev
• United States v. Jakeway
  783 F. Supp. 590· M.D. Fla.· 1992-01-14 ·cited 2×
  The court held that the evidence was insufficient to support convictions for conspiracy, falsification, misapplication, wire fraud, and RICO, granting judgments of acquittal for the defendants on most counts. For the remaining counts, the court granted a new trial.
• United States v. Rodriguez-Alvarado
  952 F.2d 586· 1st Cir.· 1991-12-27 ·cited 2×
  The court held that there was sufficient evidence to support the jury's verdict of guilt for bank fraud and aiding and abetting the misappropriation of bank funds, and that the trial court did not commit prejudicial error in its rulings or jury instructions.
• United States v. Larsen
  952 F.2d 1099· 9th Cir.· 1991-12-20 ·cited 2×
  The court held that 21 U.S.C. § 841(a)(1) has extraterritorial jurisdiction, as congressional intent can be inferred from the nature of illegal drug trafficking.
• United States v. Snelling
  961 F.2d 93· 6th Cir.· 1991-11-29 ·cited 2×
  The court held that while the district court correctly denied the speedy trial motion and applied the sentencing guidelines, it erred in misunderstanding its discretion regarding a substantial assistance motion, requiring resentencing.
• United States v. Musacchia
  955 F.2d 3· 2d Cir.· 1991-11-07 ·cited 2×
  The court granted a partial remand to vacate convictions under 26 U.S.C. § 7202 and ordered a new trial on the conspiracy count for both appellants due to uncertainty about the jury's basis for conviction.
• United States v. Motley
  940 F.2d 1079· 7th Cir.· 1991-08-20 ·cited 2×
  The court held that a conviction under 18 U.S.C. § 2(a) requires proof of an underlying offense, which was not provided, but a conviction for the lesser-included offense of 26 U.S.C. § 7206(2) is proper. The court also held that the exclusion of impeachment evidence was harmless
• Chrysler Cap. Realty, Inc. v. Grella
  942 F.2d 160· 2d Cir.· 1991-08-19 ·cited 2×
  A mortgagee who successfully bids the full amount of the debt at a foreclosure sale cannot claim damages, even if alleging fraudulent inducement, because the bid extinguishes the debt under Michigan law.
• DeLISI v. State
  585 So. 2d 963· Fla. 2d DCA· 1991-08-07 ·cited 2×
  The court held that there was insufficient evidence to convict Teddy of conspiracy to traffic in cannabis, but affirmed his convictions for trafficking and RICO violations, and affirmed Richard's convictions on all counts.
• Harris v. United States
  938 F.2d 882· 8th Cir.· 1991-07-11 ·cited 2×
  The court held that the defendant's trial counsel was not constitutionally ineffective for failing to request a lesser-included-offense instruction because there was no reasonable probability the outcome would have differed.
• Cal. Int'l Chem. Co. v. Neptune Pool Serv., Inc.
  770 F. Supp. 1530· M.D. Fla.· 1991-07-02 ·cited 2×
  The court denied motions to dismiss, finding that plaintiffs adequately pleaded claims for RICO violations, antitrust violations, and tortious interference with business relationships, and that defendants were not entitled to sovereign immunity or state action immunity.
• United States v. Tannenbaum
  934 F.2d 8· 2d Cir.· 1991-05-13 ·cited 2×
  The court held that the Bank Secrecy Act provides sufficient notice that its reporting requirements apply to private individuals acting as financial institutions, that venue was proper in the Eastern District of New York, and that the jury charge on aiding and abetting liability
• United States v. Farm & Home Sav. Ass'n
  932 F.2d 1256· 8th Cir.· 1991-05-13 ·cited 2×
  The court held that the indictment sufficiently alleged violations of the Bank Secrecy Act and related statutes, reversing the district court's dismissal of certain counts.
• United States v. ORR
  932 F.2d 330· 4th Cir.· 1991-05-03 ·cited 2×
  The court held that drawing bad checks on a federally chartered bank, without defrauding the bank itself, does not constitute bank fraud under 18 U.S.C. § 1344.
• United States v. Connie Clark (90-3153) & Cliffton Clark (90-3312)
  928 F.2d 733· 6th Cir.· 1991-03-21 ·cited 2×
  The court held that the evidence was sufficient to sustain the defendants' convictions for possession with intent to distribute crack cocaine and Cliffton's firearm convictions, and that no Brady or Jencks Act violations occurred.
• United States v. Olson
  925 F.2d 1170· 9th Cir.· 1991-02-12 ·cited 2×
  The court held that a defendant claiming ineffective assistance of counsel must show prejudice, and that the evidence was sufficient to convict the defendant of aiding and abetting mail fraud.
• United States v. DOE
  921 F.2d 340· 1st Cir.· 1990-12-13 ·cited 2×
  The court held that the evidence presented was sufficient to support the jury's guilty verdict for aiding and abetting marijuana possession with intent to distribute, and that the sentence imposed under the Sentencing Guidelines was not appealable.
• United States v. Vickerage
  921 F.2d 143· 8th Cir.· 1990-12-04 ·cited 2×
  The court held that sufficient evidence supported Vickerage's conspiracy conviction, the jury instructions were proper, the Speedy Trial Act was not violated, and the sentence was not excessive.
• United States v. Hoffman
  918 F.2d 44· 6th Cir.· 1990-11-01 ·cited 2×
  The court held that the jury instructions regarding intent and willful blindness were not plain error and that sufficient evidence supported the conviction.
• E.B. v. State
  568 So. 2d 548· Fla. 3d DCA· 1990-10-30 ·cited 2×
  Florida appellate court reversed juvenile's adjudication for aggravated battery because the state failed to prove the essential elements of aiding and abetting—intent and assistance—where the evidence showed only that the juvenile was a passenger in the vehicle.
• United States v. Maez
  915 F.2d 1466· 10th Cir.· 1990-10-15 ·cited 2×
  The court held that the district court did not err in denying the defendant's motion for the return of seized money, finding the bank was entitled to it.
• United States v. Dweck
  913 F.2d 365· 7th Cir.· 1990-09-10 ·cited 2×
  The court affirmed the defendant's convictions, finding sufficient evidence, no plain error regarding a witness's mention of prior imprisonment, and no Brady violation.
• United States v. Risnes
  912 F.2d 957· 8th Cir.· 1990-08-29 ·cited 2×
  The court held that the district court did not err in denying the defendant's motion to suppress inculpatory statements, limiting cross-examination, or denying a mistrial based on prosecutorial remarks.
• Smith v. State
  570 So. 2d 1315· Fla. 2d DCA· 1990-05-02 ·cited 2×
  The Second District Court of Appeal affirmed a trial court's grant of temporary injunctive relief and appointment of a receiver over Heather Smith's assets under Florida's Securities and Investor Protection Act, finding sufficient evidence that she committed acts in furtherance o
• United States v. Thompson B. Sanders
  893 F.2d 133· 7th Cir.· 1990-01-05 ·cited 2×
  The court held that prosecutorial remarks were not impermissible comments on the defendant's silence and that the admission of co-defendants' guilty pleas was proper. The court affirmed the conviction but remanded for correction of the sentence.
• United States v. Becker
  892 F.2d 265· 3d Cir.· 1989-12-19 ·cited 2×
  The court held that there was sufficient evidence to support the CCE conviction and that the Pennsylvania and West Virginia indictments constituted two separate conspiracies, thus not violating double jeopardy principles.
• United States v. Local 359
  889 F.2d 1232· 2d Cir.· 1989-11-15 ·cited 2×
  The court held that Genovese Family involvement is irrelevant to Taft-Hartley Act charges and that the district court misapplied exceptions to the Act's prohibition on employer payments to unions. The court affirmed dismissals of wire fraud and extortion RICO claims but remanded
• Weaver v. Foltz
  888 F.2d 1097· 6th Cir.· 1989-11-02 ·cited 2×
  The court held that the District Court erred in dismissing a mixed habeas corpus petition without considering Granberry v. Greer, which allows consideration of exhausted issues in such petitions.
• United States v. Connery
  867 F.2d 929· 6th Cir.· 1989-02-10 ·cited 2×
  The court held that the jury had sufficient evidence to find the defendant guilty of aiding and abetting the filing of a false bankruptcy claim, and therefore reversed the district court's judgment of acquittal.
• Lopez v. State
  535 So. 2d 666· Fla. 4th DCA· 1988-12-21 ·cited 2×
  Gilberto Lopez was convicted of trafficking in cocaine and conspiracy to traffic in cocaine in excess of 400 grams. The court reversed his convictions, finding the state failed to present sufficient evidence to sustain the conviction as a matter of law.
• United States v. Scott
  859 F.2d 792· 9th Cir.· 1988-10-19 ·cited 2×
  The court held that the district court did not err in imposing multiple sentence enhancements under 18 U.S.C. § 3575 for felonies committed on the same occasion, nor did it abuse its discretion in sentencing.
• United States v. Mercer
  853 F.2d 630· 8th Cir.· 1988-08-11 ·cited 2×
  The court affirmed the convictions of both defendants, holding that the trial court did not abuse its discretion in denying severance, change of venue, or in its jury instructions, and that the evidence was sufficient for conviction.
• Duke v. State
  529 So. 2d 341· Fla. 1st DCA· 1988-08-04 ·cited 2×
  The court held that an indictment for a capital or life felony does not constitute a 'transfer' under chapter 39, Florida Statutes, thus not requiring the specific written findings for adult sanctions under section 39.111(6).
• Terrydale Liquidating Tr. v. Barness
  846 F.2d 845· 2d Cir.· 1988-05-12 ·cited 2×
  The court held that the trustees acted reasonably and diligently in selling the trust's assets and liquidating, and the purchaser had no notice of any breach of fiduciary duty.
• R.W. v. State
  522 So. 2d 984· Fla. 1st DCA· 1988-03-23 ·cited 2×
• Larson v. United States
  833 F.2d 758· 8th Cir.· 1987-11-25 ·cited 2×
  The court held that the appellant's claims of illegal seizure, ineffective assistance of counsel, and improper presentence report information did not entitle him to habeas corpus relief.
• Scurry v. State
  506 So. 2d 4· Fla. 2d DCA· 1987-02-27 ·cited 2×
  Kenneth Scurry was convicted of first-degree felony murder and armed robbery for his role as an accomplice in a robbery where his co-perpetrator's gun accidentally discharged, killing a store clerk. The appellate court affirmed the conviction, holding that while second-degree mur
• United States v. Hernan Espino-Perez
  798 F.2d 439· 11th Cir.· 1986-09-02 ·cited 2×
  The court held that a claim of ineffective assistance of counsel is not properly raised on direct appeal, and other claims regarding hearsay, sufficiency of evidence, and new trial motions lacked merit.
• United States v. German Severino
  800 F.2d 42· 2d Cir.· 1986-08-28 ·cited 2×
  The court held that a district court has discretion to reject a guilty plea if it believes the defendant is not being truthful during the allocution, and that requiring peremptory challenges to be exercised publicly does not deny a fair trial.
• United States v. Jones
  797 F.2d 184· 4th Cir.· 1986-08-05 ·cited 2×
  The court held that the two counts of the indictment were not multiplicious and that there was sufficient evidence to convict the appellants, including Norma Asheber, of receiving and concealing stolen property.
• United States v. Traverse H. Cooke
  795 F.2d 527· 6th Cir.· 1986-05-22 ·cited 2×
  The court held that the district court properly exercised jurisdiction for a writ of habeas corpus ad prosequendum, that convictions for conspiracy and aiding and abetting did not violate double jeopardy, that voice identifications were admissible, and that the trial court did no
• United States v. Boettcher
  780 F.2d 435· 4th Cir.· 1985-12-26 ·cited 2×
  The court held that the statutory immunity for parents kidnapping their own minor child extends to aiding and abetting or conspiring in such a kidnapping.