Can a criminal conspiracy be established "regardless of whether the crime agreed upon"?

MultiRegion, United States of America

The following excerpt is from U.S. v. Davis, 960 F.2d 820 (9th Cir. 1992):

The appellants also contend that they were improperly indicted for, and ultimately convicted of, conspiring to possess cocaine. They argue that, because the government never had any cocaine to sell, it was legally impossible for the appellants to have committed the underlying offense of possession. We disagree. A criminal conspiracy may be established "regardless of whether the crime agreed upon is actually committed." United States v. Feola, 420 U.S. 671, 694, 95 S.Ct. 1255, 1268, 43 L.Ed.2d 541 (1975). The fact that the government had no cocaine to sell is irrelevant.

Other Questions


Is a conspiracy to commit a crime a different crime from a crime that is the object of the conspiracy? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
What is the test for determining whether a defendant has a criminal history of criminal conduct under the Montana Criminal Code? (MultiRegion, United States of America)
What is the test for establishing that the government has established the existence of a conspiracy and/or conspiracy? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
When one agrees to join a conspiracy, does one agree to all acts that have or will be committed by the conspiracy? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Can an individual be found to have committed crimes within the meaning of international criminal law: international crimes? (Canada (Federal), Canada)
What is the test for establishing that a defendant committed a criminal offence against an employee who witnessed the crime? ("New York", United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.