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Does a conspiracy end when the government becomes involved?

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Introduction

NO. 01-1184 U.S., Brett Siegal and Eric Walk V. Francisco Jimenez Recio and Adrain Lopez-Meza Question Presented: Does a conspiracy end when the government becomes involved? Statement: Conspiracy is only over when the goal abandoned and not, necessarily when the government intervenes. Being that the government did intervene and the conspirators never gave up the conspiracy did not end. In this case the respondents were charged with "conspiracy to possess with intent to distribute cocaine and marijuana and with possession of cocaine and marijuana with intent to distribute [it]". Both Francisco Jimenez Recio and Adrain Lopez-Meza were convicted of conspiracy to distribute cocaine and marijuana. Recio was sentenced to 126 months prison time with 5 years of supervision afterwards. ...read more.

Middle

They claimed falsely to be each given $250 to drive the truck to Recio's house where a man would come and pick the truck up. Recio happened to be carrying a pager, a phone card, and a non-owner driver's insurance. The police also found 2 pagers and 2 phone cards on Lopez-Meza. He claimed that he was going to see his girlfriend whose name and address he could not recall. On January 16, 1998 the Federal Grand Jury charged Recio and Lopez-Meza with "conspiracy to possess with intent to distribute cocaine and marijuana and with possession of cocaine and marijuana with intent to distribute [it]". Francisco Jimenez Recio and Adrain Lopez-Meza filed a "motion for judgment of acquittal" and they argued that their convictions were invalid under similar circumstances in the case U.S. ...read more.

Conclusion

However, Judge Gould had a dissenting opinion stating that there was more than sufficient evidence in the trial linking them to the conspiracy. Judge O'Scannlain also dissented that "in holding that a conspiracy endures only as long as its ultimate goal remains objectively achievable." O'Scannlain also noted that "impossibility is not a defense to a conspiracy charge". Cruz conflicts with the 1st circuit court decision Belardo-Qui´┐Żones. Thus, we believe that a conspiracy ends when its ultimate goal is frustrated or abandoned and not necessarily when the government intervenes. Also, we feel that it would have been unlikely that the 9th circuit court would go against its own decision in Cruz. Moreover the case is simply questioning the constitutionality of the 9th circuit court's decision is constitutional under the broad and lightly defined law of conspiracy. ...read more.

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