Defendant, while not a member of the New Yorkstreet gang Latin Kings, regularly transported gangmembers and drugs
Question:
Defendant, while not a member of the New Yorkstreet gang "Latin Kings," regularly transported gangmembers and drugs in illegal drug transactions. Inone incident, she was told to be available to drive agang member away from a crime after the gang member finished the job. She was not told the crime included killing a rival gang member. At the appointedspot the gang member got in her car, and she drovehim away. The gang member was convicted of murdering the rival gang member. Can the defendant beconvicted of murder? If not can she be convicted ofbeing an accessory after the fact to murder under thefederal accessory after the fact statute, 18 U.S.C. 3?What must the prosecution prove for such a conviction? See United States v. Calderon, 785 F.3d 847 (2ndCir. 2015), cert denied 136 S. Ct. 252 (2015).