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Criminal Law Keyed to Ohlin
United States v. Shabani
Citation:
513 U.S. 10 (1994)Facts
According to an indictment, the defendant participated in a drug distribution scheme with his girlfriend and other associates. He allegedly was the supplier of the drugs, which he arranged to be smuggled from California to Alaska. An undercover agent purchased cocaine from distributors involved in the conspiracy.
The defendant was charged with conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. He filed a motion to dismiss arguing that he did not commit an overt act in furtherance of the conspiracy. The District Court denied it, holding that proof of an overt act is not required to establish a violation. The Court of Appeals reversed the District Court. He is now in the Supreme Court of the United States.
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Topic Resources
Topic Refresher Course
Conspiracy