LOCATION:Arkansas General Assembly
DOCKET NO.: 93-981
DECIDED BY: Rehnquist Court (1986-2005)
LOWER COURT: United States Court of Appeals for the Ninth Circuit
CITATION: 513 US 10 (1994)
ARGUED: Oct 03, 1994
DECIDED: Nov 01, 1994
Dennis P. Riordan – on behalf of the Respondent
Richard H. Seamon – on behalf of the Petitioner
Media for United States v. Shabani
Audio Transcription for Opinion Announcement – November 01, 1994 in United States v. Shabani
William H. Rehnquist:
The opinion of the court in number 93-981, United States against Shabani will be announced by Justice O’Connor.
Sandra Day O’Connor:
This case comes to this court on writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
We took the case to resolve rather a lopsided conflict among the Courts of Appeals.
In the opinion filed today we hold that the drug conspiracy statute § 21 U. S. C. § 846 does not require the government to prove that a conspirator under the Drug Conspiracy Law has committed an overt act in furtherance of the conspiracy.
Unlike the general conspiracy statute § 846 follows the common law definition of conspiracy which requires only that the conspirators enter into an agreement to commit an unlawful act.
Accordingly the judgment of the Court of Appeals is reversed.
The opinion is unanimous.