Yes, you can aid and abet a federal conspiracy in the Fifth Circuit (Part Four)

However, in United States v. Walker, 621 F.2d 163 (5^th 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 the actions that aid and abet the conspiracy.  This logic seems flawed as conspiring to commit a substantive crime and aiding and abetting a substantive crime, which does not require an agreement to join in a conspiracy to commit the crime, are different manners and means in themselves.  Thus, attorneys in the Fifth Circuit should continue to challenge aiding and abetting jury instructions in conspiracy cases all the way up to the Supreme Court.

This is illogical because one does not aid and abet an agreement.   One can aid and abet a substantive crime, but an agreement is between two or more persons to commit a crime.  The agreement between the two persons to commit the crime is the focus of the conspiracy count.   Whether it is completed or not, two people are guilty of it if the agreement is proven along with an overt act and knowledge of illegality.

Similarly, and abetting can only take place when a completed crime has taken place, and one helps at the beginning or the end with the intent to help out, whether they conspire or do not conspire.  If one finds out that their relative has robbed a bank, and they then decide to help launder the money or hide the evidence, they are potentially guilty of aiding and abetting said robbery, but not conspiracy to commit the same robbery.  The Fifth Circuit needs to take a harder look at this issue.