Is there any case law in which a defendant must conspire with someone other than a government agent to be guilty of conspiracy?
MultiRegion, United States of America
The following excerpt is from U.S. v. Mays, 999 F.2d 545 (9th Cir. 1993):
Count one of the indictment charged defendants with conspiring to possess with intent to distribute cocaine. The district court's conspiracy instruction did not mention the fact that one must conspire with someone other than a government agent to be guilty of conspiracy. See United States v. Schmidt, 947 F.2d 362, 367 (9th Cir.1991). Neither defendant objected to this conspiracy instruction.
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