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· 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 CourtListener

Sourced 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.