· 5/8/2003
United States v. El Sayed Hassan Rashwan
Citations
- 328 F.3d 160
- 2003 U.S. App. LEXIS 8695
- 2003 WL 21032015
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the defendant “cannot insulate himself from punishment by manipulating innocent third parties to perform acts on his behalf that would be illegal if he performed them himself”
- holding that control over one other participant is sufficient for the enhancement to apply
- denying the application of Wharton’s Rule because, among other reasons, the consequences of a scheme to commit immigration fraud “fell not on the actors themselves, but instead on the government that they were attempting to defraud”
- conviction upheld under § 1028(a)(1) where defendant did not produce but simply procured false identification in significant part under an aiding and abetting theory
- “Leadership over only one other participant is sufficient as long as there is some control exercised.”
- “Section 2 merely obviates the need for awkward phrasing and strained readings of statutes by making clear that in all crimes an accessory will be punished as a principal.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Widener, Wilkinson, Motz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.