August 6, 2013
- 96H Controlled Substances
- 96HII Offenses
- 96Hk44 Persons Liable
- 96Hk46 k. Aiders and Abettors.
Van driver was aider and abettor of narcotics sale if he in fact warranted seller’s heroin as “the best” to customer while heroin was being removed from van for sale; under circumstances, any such statement by defendant made it clear that defendant wanted sale to succeed; however, even if defendant did not make comment, he still assisted sale by pointing to heroin’s location in van, and indicated through remarks that he knew bag contained heroin and that seller wanted heroin in order to make sale.
U.S. v. Ortega, 44 F.3d 505 (7th Cir. 1995)