Is a defendant permitted to be charged and convicted lawfully of both aiding and abetting and being accessory after the fact?

MultiRegion, United States of America

The following excerpt is from U.S. v. Rodriguez, 706 F.2d 31 (2nd Cir. 1983):

Finally, appellant contends that the district court erred in denying appellant's motion to compel an election of counts, arguing that defendant cannot be charged and convicted lawfully of both aiding and abetting and being an accessory after the fact. Whether or not it is permissible to convict a defendant of both, appellant's argument is without merit since it is permissible to charge a defendant with both, see United States v. Gaddis, 424 U.S. 544, 550, 96 S.Ct. 1023, 1027, 47 L.Ed.2d 222 (1976), and here appellant was convicted of only one.

Page 42

For all of the above stated reasons, the judgment of the district court is affirmed.

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