Legal Opinion
United States v. Odilon Garcia
Court of Appeals for the Ninth Circuit
Decided March 11, 2005No. 04-50105PublishedCited by 58 opinions
1Opinion of the Court
RYMER, Circuit Judge.
We must decide whether aiding and abetting under 18 U.S.C. § 2 is a separate offense from, or a different theory of liability for, the substantive offenses of alien smuggling and transportation of aliens in violation of 8 U.S.C. § 1324.
Odilon Garcia appeals his conviction on four counts of alien smuggling and transportation that also charged him with aiding and abetting. He maintains that the indictment was duplicitous because the two have separate elements and thus are separate offenses, requiring the government to elect between them or the district court to give a…
2Cases cited12 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Schad v. ArizonaSupreme Court of the United States · 1991
- United States v. Uco Oil Company, and Donald SimeonCourt of Appeals for the Ninth Circuit · 1976
- United States v. Ted Stevenson Angwin and Christine KhamisCourt of Appeals for the Ninth Circuit · 2001
7 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- United States v. MitchellCourt of Appeals for the Ninth Circuit · 2007
- United States v. SutcliffeCourt of Appeals for the Ninth Circuit · 2007
- United States v. FergusonCourt of Appeals for the Second Circuit · 2011
- United States v. HofusCourt of Appeals for the Ninth Circuit · 2010
- United States v. Jose Valdivia-FloresCourt of Appeals for the Ninth Circuit · 2017
53 more not listed; retrieve them via the Exa API.