What is sufficient evidence to convict an individual of aiding and abetting?
The following excerpt is from U.S. v. Rubalcaba, 952 F.2d 1400 (9th Cir. 1991):
Evidence is sufficient to support a conviction if, in viewing the evidence in the light most favorable to the government, a jury reasonably could have found the essential elements of the crime beyond a reasonable doubt. United States v. Laykin, 886 F.2d 1534, 1539 (9th Cir.1989), cert. denied, 110 S.Ct. 2586 (1990). In reviewing the sufficiency of the evidence, all reasonable inferences must be drawn in favor of the government and any conflicts in the evidence must be resolved in favor of the jury's decision. Id.
The jury in this case was instructed on aiding and abetting.
The elements necessary to convict an individual under an aiding and abetting theory are (1) that the accused had the specific intent to facilitate the commission of a crime by another, (2) that the accused had the requisite intent of the underlying substantive offense, (3) that the accused assisted or participated in the commission of the underlying substantive offense, and (4) that someone committed the underlying substantive offense.
United States v. Gaskins, 849 F.2d 454, 459 (9th Cir.1988).
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