The following excerpt is from U.S. v. Morales, 11 F.3d 915 (9th Cir. 1993):
There is no question that "[c]onspiracy is a continuing offense." United States v. Castro, 972 F.2d 1107, 1112 (9th Cir.1992). A conspiracy "is presumed to continue until there is affirmative evidence of abandonment, withdrawal, disavowal or defeat of the object of the conspiracy." Id. (citation omitted). The conspiracy charged against Morales in Count 1 appears to have been ongoing from before the effective date of the Guidelines through their amendment in 1989. Thus it was proper to use the 1989 Guidelines in sentencing Morales on the conspiracy charge.
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