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371 F.2d 516

Docket No. 20742.

Asher v. United States

Ninth Circuit Court of Appeals

Decided Dec. 27, 1966.

Ninth Circuit Court of Appeals · decided 1966-12-27

Cited by 1 later decisions — most recently December 1966

1 federal appellate ·

2 counsel of record

Applies 15 U.S.C. § 77E (§ 5 of the Securities Act of 1933) · 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 2

Relies on Pereira v. United States · Nye & Nissen v. United States · Harris v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1966-12-27

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¶1*517Paul Augustine, Jr., Santa Ana, Cal., for appellant.

¶2Manuel L. Real, U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Chief, Crim. Div., Donald C. Smaltz, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

¶3Before WASHINGTON,* MERRILL and ELY, Circuit Judges.

¶5PER CURIAM:

¶6Appellant was convicted on various counts of securities and mail fraud under Title 15 U.S.C. § 77e(a) (1) and (2), and 77q(a); Title 18 U.S.C. § 1341 (1964). He has appealed conviction of eleven counts. On appeal the sole contention is that the evidence is insufficient to constitute proof of the crimes charged in that it establishes that appellant did not himself use the mails in connection with any fraudulent transactions and he was not charged in the indictment with aiding and abetting under Title 18, U.S.C. § 2 (1964)1

¶7That section does not purport to define a distinct crime of aiding or abetting. It provides who may be charged as principal.

¶8In Pereira v. United States, 347 U.S. 1, 8, 74 S.Ct. 358, 362, 98 L.Ed. 435 (1953), it is stated with reference to Title 18 U.S.C. §§ 1341 and 2314:

“To constitute a violation of these provisions, it is not necessary to show that petitioners actually mailed or transported anything themselves; it is sufficient if they caused it to be done.”

¶9In United States v. Provenzano, 334 F.2d 678, 691 (3d Cir. 1964), cert. denied, 379 U.S. 947, 85 S.Ct. 440, 13 L.Ed.2d 544 (1964), it is stated:

“An individual may be indicted for commission of a substantive crime and convicted by proof showing him to be an aider and abettor ….”

¶10See also Nye & Nissen v. United States, 336 U.S. 613, 618-619, 69 S.Ct. 766, 93 L.Ed. 919 (1949); Swanne Soon Young Pang v. United States, 209 F.2d 245, 246 (9th Cir. 1953).

¶11Judgment affirmed.

¶12Appellant has moved to be admitted to bail pending appeal. The motion is denied.

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