What is the test for a conviction for conspiracy to aid and abet a crime?

They point to other circuits that have affirmed convictions for conspiracy to aid and abet a crime, United States v. Marino, 617 F.2d 76, 78 (5th Cir. 1980) (affirming a "conviction for unlawfully conspiring to aid and abet the crime of bail jumping"), or conspiracy to "cause" another to commit a crime. United States v. Giese, 597 F.2d 1170, 1179 (9th Cir.) (conspiracy to cause others to destroy government property), cert. denied, 444 U.S. 979, 100 S.Ct. 480, 62 L.Ed.2d 405 (1979); United States v. Lupino, 480 F.2d 720, 724 (8th Cir.) (conspiracy by at least four individuals to cause one of them to receive a firearm unlawfully), cert. denied, 414 U.S. 924, 94 S.Ct. 257, 38 L.Ed.2d 159 (1973); United States v. Lester, 363 F.2d 68, 72-73 (6th Cir. 1966) (conspiracy to violate civil rights by causing a false arrest), cert. denied, 385 U.S. 1002, 87 S.Ct. 705, 17 L.Ed.2d 542 (1967). In these cases the conspiracy was a violation of the general statute, 18 U.S.C. 371, making it a crime to conspire "to commit any offense against the United States." The courts reasoned that an act made criminal by 18 U.S.C. 2 is an "offense" against the United States and had no difficulty in finding a conspiracy to commit an inchoate offense. See also Singer v. United States, 323 U.S. 338, 65 S.Ct. 282, 89 L.Ed. 285 (1945) (holding as a matter of statutory construction that members of a conspiracy to aid one of their number to evade the draft violated the draft statute).

My colleagues point out that there appear to be no reported cases involving a conspiracy to aid and abet violations of the drug laws. But they hold to the view that there is no reason why the result should be different. This is because 21 U.S.C. 846 refers to any conspiracy whose object is "to commit any offense defined in this subchapter." The crucial language is identical to that used in 18 U.S.C. 371, and, they maintain, the congressional purpose to strengthen remedies against organized drug traffic, United States v. Bommarito, 524 F.2d 140, 144 (2d Cir. 1975), hardly suggests a narrower reading.

The conspiracy need not be, their argument runs, to aid only one identified heroin distribution network. To show a violation of 18 U.S.C. 2 it is not necessary to identify any principal at all, provided the proof shows that the underlying crime was committed by someone. United States v. Gleason, 616 F.2d 2, 20-21 (2d Cir. 1979), cert. denied, 444 U.S. 1082, 100 S.Ct. 1037, 62 L.Ed.2d 767 (1980), and cases cited. Moreover, a defendant who simultaneously aids more than one criminal venture may be found guilty for aiding each. A single conspiracy may have more than one criminal object, and there is no reason why a single conspiracy whose objects are to aid and abet different heroin distributors should not be encompassed by 21 U.S.C. 846.