Legal Opinion
United States v. Graham
Court of Appeals for the Eighth Circuit
Decided November 4, 2009No. 08-3580, 09-2009Published
1Opinion of the Court
598 F.3d 930 (2009)
UNITED STATES of America, Appellant,
v.
John GRAHAM, also known as John Boy Patten, Appellee.
Nos. 08-3580, 09-2009.
United States Court of Appeals, Eighth Circuit.
November 4, 2009.
ORDER
The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied.
2DissentGruender, Circuit Judge, joined by Colloton, Circuit Judge,
I would grant rehearing en banc because I conclude that 18 U.S.C. § 2 does not require an indictment to allege that an aider and abettor shares the status element necessary to convict the principal of the particular offense at issue. The indictment here alleges that Looking Cloud is an Indian,…
3Cases cited13 opinions
- Standefer v. United StatesSupreme Court of the United States · 1980
- United States v. Charles E. Lester and Edward Anthony BuccieriCourt of Appeals for the Sixth Circuit · 1966
- United States v. Bernard J. CampbellCourt of Appeals for the Second Circuit · 1970
- United States v. F. W. StandeferCourt of Appeals for the Third Circuit · 1979
- United States v. An Chyi Liu, A/K/A Fat Frank, and Ai-Ti-Ting, A/K/A EddieCourt of Appeals for the Fifth Circuit · 1992
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