U.S. v. Lombardi, 97-20134
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | Before POLITZ, Chief Judge, and SMITH and DUHE; DUHE |
| Citation | 138 F.3d 559 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Gregg LOMBARDI, Defendant-Appellant. |
| Docket Number | No. 97-20134,97-20134 |
| Decision Date | 03 April 1998 |
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23 cases
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United States v. Lewis, Criminal No. 3:12-CR-159-D(01)
...a defendant must share in the intent to commit the offense as well as play an active role in its commission." United States v. Lombardi, 138 F.3d 559, 561 (5th Cir. 1998). Aiding and abetting may be established through circumstantial evidence. See, e.g., Nye & Nissen v. United States, 336 U......
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U.S. v. Posada-Rios, POSADA-RIO
...criminal venture, (2) participated in the venture, and (3) sought by action to make the venture succeed. See United States v. Lombardi, 138 F.3d 559, 561 (5th Cir.1998). In addition, the defendant must share the intent to commit the crime and must play an active role in its commission. a. M......
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U.S. v. Powers, 98-10118
...a preponderance of the evidence that Powers provided the Government and produced in court "false" exhibits. See United States v. Lombardi, 138 F.3d 559, 562 (5th Cir.1998) ("This Circuit has firmly established that the burden of proof at sentencing is usually by a 'preponderance of the evid......
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U.S. v. Infante, 02-50665.
...a criminal venture; (2) participated in the venture; and (3) sought by action to make the venture successful. United States v. Lombardi, 138 F.3d 559, 561 (5th Cir.1998) (noting further that "to aid and abet, a defendant must share in the intent to commit the offense as well as play an acti......
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