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U.S. v. JORDAN

No. 502, Docket 88-1032.

927 F.2d 53 (1991)

UNITED STATES of America, Appellee, v. John Earl JORDAN, Defendant-Appellant, Clarence Jackson, Defendant.

United States Court of Appeals, Second Circuit.

Decided February 14, 1991.

As Modified on Grant of Rehearing April 1, 1991.

Attorney(s) appearing for the Case

Colleen P. Cassidy, The Legal Aid Society, New York City, for defendant-appellant.

Mark J. Stein, Asst. U.S. Atty., New York City (Benito Romano, U.S. Atty., Vincent L. Briccetti, Asst. U.S. Atty., New York City, on the brief), for appellee.

Before NEWMAN and PRATT, Circuit Judges, and GRIESA, District Judge.

JON O. NEWMAN, Circuit Judge:

Section 2(b) of the Criminal Code makes a person liable as a principal for "willfully caus[ing] an act to be done which if directly performed by him or another would be an offense against the United States." 18 U.S.C. § 2(b) (1988). This appeal presents the apparently novel issues of whether a defendant may be liable for a substantive offense (a) as an aider or abetter of a "causer," and (b) as a co-conspirator of a "causer" under...

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