Friday, September 14, 2012

United States v. Pino-Perez case brief

 
United States v. Pino-Perez Pino-Perez was convicted of being an accomplice to Nichols who was a ‘kingpin.’ The statute provides “whoever commits an offense against the U.S. or aids, abets, counsels, commands, induces or procures commission, is punishable as a principal.” Pino-Perez was sentenced to 40 years for aiding Nichols’ enterprise.
  • KINGPIN: A kingpin is anyone who has supervisory or managerial responsibility with regard to FIVE or more members of the organization. A large organization may contain more than one kingpin.
      • Pino-Perez is an accomplice to Nichols being a kingpin but an argument could be made that HE is also an accomplice to the possession and sale of the drugs
        • Is Pino-Perez a part of the conspiracy or is he just an accomplice to the conspiracy?
  • Hypo: You have two friends one is a drug seller and the other is a drug dealer. You arrange for them to meet. Would you be an accomplice to the agreement or would you be a conspirator? Does it matter if the friend who is introducing the people has no financial gain from the arrangement? [Gladstone].
  • You can’t be guilty of both being an accomplice and committing the crime. One big difference here is if the party is charged as a conspirator then hear say evidence is allowed.
  • What is the difference between the accomplice and conspiracy? An accomplice needs to help and a conspirator needs to agree. You always prefer to be an accomplice rather than a conspirator.
    • Pino-Perez is also guilty as a supplier in this case. Can he be guilty of being an accomplice to the crime being committed?
It’s not that everyone who is helping Nichols can be guilty of facilitating the kingpin crime. If the purpose of the statute is the protect you then you can’t be an accomplice in the crime [Gibardi].

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