Martinez-Perez v. Ashcroft, 393 F.3d 1018 (9th Cir. Dec. 29, 2004) (record of conviction - i.e., the charge and the absence of any codefendants - negated the possibility the defendant was convicted on an aiding and abetting theory which renders the statute divisible), vacated __ F.3d __ (9th Cir. August 3, 2005). AIDING AND ABETTING
Martinez-Perez v. Ashcroft, __ F.3d __ (9th Cir. August 3, 2005) (under California law, an aider and abettor can be adequately charged in language accusing him or her of directly committing the offense, therefore a plea to a charge alleging direct commission of a theft does not establish that the offense pled to was not aiding and abetting, and therefore does not establish that the offense is an aggravated felony).  See also Penuliar v Aschroft, 395 F.3d 1037, 1045-46 (9th Cir. 2005).