Is a conviction based upon constructive possession of a building that was not consummated?
MultiRegion, United States of America
The following excerpt is from U.S. v. Aiello, 864 F.2d 257 (2nd Cir. 1988):
2 Because the sale in Count 8 was not consummated, the conviction cannot be based on the alternative theory of aiding and abetting, see United States v. Wiley, 846 F.2d 150, 154 (2d Cir.1988), but rather must be based upon constructive possession, discussed infra.
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