Does a defendant's membership in a criminal conspiracy extend even if he withdraws from the conspiracy?
MultiRegion, United States of America
The following excerpt is from Associated Wholesale Grocers, Inc. v. Bumble Bee Foods (In re Packaged Seafood Prods. Antitrust Litig.), 15-MD-2670 DMS (MDD), 16cv17-JLS-MDD, 18cv1014-JLS-MDD (S.D. Cal. 2021):
Upon joining a criminal conspiracy, a defendant's membership in the ongoing unlawful scheme continues until he withdraws. Smith v. United States, 568 U.S. 106, 107 (2013). [A] defendant's membership in the conspiracy ... endures even if he is entirely inactive after joining it. Id. at 114 (emphasis in original).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
Is there any case law where a defendant has been convicted of conspiracy to pervert the course of justice in a criminal conspiracy? (MultiRegion, United States of America)
Does the doctrine of coconspirator disentitlement apply to a defendant who subsequently becomes a co-defendant in a criminal conspiracy? (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)
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)
Is a revocation of probation imposed on a previous criminal conviction as a result of a new criminal conviction treated as one sentence for purposes of calculating a defendant's criminal history? (MultiRegion, United States of America)
Is a section of the Criminal Code extending criminal liability beyond the express terms of the criminal code sufficient to be considered unconstitutional? (MultiRegion, United States of America)
How has the US Supreme Court interpreted the instruction that a finding of conspiracy against a defendant does not mandate acquittal of a defendant where there is evidence of other conspiracies? (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 under section 4A1.2(c)(2) of the Criminal Code? (MultiRegion, United States of America)
