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
The following excerpt is from U.S. v. Galvis-Quintero, 976 F.2d 738 (9th Cir. 1992):
We recently settled this question in United States v. Dabdoub-Canez, 961 F.2d 836 (9th Cir.1992), a case decided after briefing in this case. In a per curiam opinion, we followed the lead of three other circuits in holding that "a conspiracy conviction under section 846 carries with it the same mandatory minimum sentence as a conviction for the corresponding substantive offense under section 841." Id. at 838. 6
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