The following excerpt is from United States v. Johnson, 19-3952-cr, 19-4357-cr (2nd Cir. 2021):
Furthermore, the district court did not constructively amend the crime charged in Count Two by instructing the jury that the named defendants could be found guilty whether they committed the act or aided and abetted its commission. "The federal aiding and abetting statute, 18 U.S.C. 2, does not penalize conduct apart from the substantive crime with which it is coupled." United States v. Mucciante, 21 F.3d 1228, 1234 (2d Cir. 1994). Therefore, we affirm the conviction on Count Two.
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