Is there any case law in which two conspiracy theories under the same statute constitute the same offense?
MultiRegion, United States of America
The following excerpt is from U.S. v. Kini, 145 F.3d 1342 (9th Cir. 1998):
We have recognized the need to prevent the government from gerrymandering one large conspiracy into multiple smaller ones by tailoring its pleading to "permit[ ] the artificial subdivision of one conspiracy to support multiple charges of violations of a single statute." United States v. Flick, 716 F.2d 735, 737 (9th Cir.1983) (citation omitted). Accordingly, when asked to determine whether two conspiracies charged under the same statute constitute the same offense,
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