However, in United States v. Walker, 621 F.2d 163 (5th Cir. 1980), the Fifth Circuit held that there was no error in giving an aiding and abetting instruction in a conspiracy case because the conspiracy counts are substantive counts. Aiding and abetting makes one a party to the crime by…
A plain language reading of the statute and logical sense also show that one cannot aid and abet a conspiracy under section 2. Section 2 and 846 link to the substantive offense in separate manners. 21 USC Section 846 states: Any person who attempts or conspires to commit any offense…
Rear view of police detective standing and looking at the paper in front of the wall with map, pictures and sticky notes at office The Fifth Circuit in Cowart and sister Courts of Appeals note that conspiracy is a distinct offense from that of aiding and abetting, and involves the…
One of the realities that I must tell clients charged with conspiracy counts in the Eastern District of Texas, most often conspiracy to possess with the intent to distribute narcotics, is that you can aid and abet a conspiracy in the Fifth Circuit Court of Appeals, which includes all Texas…
In Morrison v. National Australia Bank, 561 U.S. 247 (2010), the Supreme Court applied the presumption against extraterritoriality to securities fraud statutes. Again in Kiobel v. Royal Dutch Petroleum, 133 S.Ct. 1659 (2013), the Supreme Court applied the presumption and held the plaintiff lacked extraterritorial jurisdiction under the Alien Tort…
However, there is a “longstanding principle of American law that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.” Morrison v. Nat’l Austl. Bank Ltd., 561 U.S. 247, 255, (2010) “The presumption against extraterritoriality is only a presumption;…
I was having a few flashbacks to civil procedure class in a recent Federal extradition case recently. In law school, we had to learn the International Shoe standard of “minimum contacts which do not disturb traditional notions of fair play and substantial justice” according to International Shoe, whereby a state…
But, a defendant like Dr. Kavanaugh might offer evidence of good character in general as a defense, which can be a defense in itself. United States Court of Appeals for the Fifth Circuit Pattern Jury Charge 1.09 explains that Where a defendant has off evidence of good general reputation for…
On direct examination, neither party can testify as to specific instances of misconduct to show truthfulness or untruthfulness. However, 608(b) states “…[b]ut the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: (1) the witness; or (2)…
Here, we are dealing with a 35 year-old allegation of sexual misconduct for which no physical evidence would be present due to the age of the case and the nature of the allegation. Additionally, Kavanaugh has not stated that he and Ford engaged in criminal activity, so (B) is out. …