U.S. v. EZETA

No. 12-10304.

752 F.3d 1182 (2014)

UNITED STATES of America, Plaintiff-Appellant, v. Carlos Javier EZETA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 23, 2014.


Attorney(s) appearing for the Case

Camille W. Damm (argued), Assistant United States Attorney; Daniel G. Bogden United States Attorney; and Robert L. Ellman , Appellate Chief, United States Attorney's Office, Las Vegas, NV, for Plaintiff-Appellant.

Brenda R. Weksler (argued), Assistant Federal Public Defender; and Rene L. Valladares , Federal Public Defender, Las Vegas, NV, for Defendant-Appellee.

Before: RICHARD C. TALLMAN and JOHNNIE B. RAWLINSON, Circuit Judges, and THOMAS O. RICE, District Judge.


OPINION

TALLMAN, Circuit Judge:

Defendant Carlos Javier Ezeta was indicted on four counts of financial aid fraud in violation of 20 U.S.C. § 1097(a). Subsequently, the district court dismissed the indictment after concluding (1) that Ezeta's alleged actions did not satisfy the statute and (2) that Ezeta could not have "willfully cause[d]" or aided and abetted another to commit the crimes. The government...

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