Does the burden of proof apply to whether there was an agreement to produce the amount at issue?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hendrickson, 26 F.3d 321 (2nd Cir. 1994):
8 At least one court, though expressly refusing to decide the burden of proof issue, has examined, we believe correctly, whether the evidence demonstrated an agreement to produce the amount at issue. United States v. Smiley, 997 F.2d 475, 481 (8th Cir.1993).
9 See 21 U.S.C. Sec. 846 (1990); United States v. Bermudez, 526 F.2d 89 (2d Cir.1975) (overt act not required for drug conspiracy convictions), cert. denied, 425 U.S. 970, 96 S.Ct. 2166, 48 L.Ed.2d 793 (1976).
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