rich stacy
Gold Member
- Banned
- #341
Talking about buying cocaine is not a crime. So talking about buying cocaine with a Russian is not a crime.
9.19 CONTROLLED SUBSTANCE—CONSPIRACY TO DISTRIBUTE OR MANUFACTURE
(21 U.S.C. §§ 841(a) and 846)
The defendant is charged in [Count _____ of] the indictment with conspiracy to [[distribute] [manufacture]] [specify controlled substance] in violation of Section 841(a) and Section 846 of Title 21 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:
First, beginning on or about [date] and ending on or about [date], there was an agreement between two or more persons to [[distribute] [manufacture]] [specify controlled substance]; and
Second , the defendant joined in the agreement knowing of its purpose and intending to help accomplish that purpose.
["To distribute" means to deliver or transfer possession of [specify controlled substance] to another person, with or without any financial interest in that transaction.]
A conspiracy is a kind of criminal partnership—an agreement of two or more persons to commit one or more crimes. The crime of conspiracy is the agreement to do something unlawful; it does not matter whether the crime agreed upon was committed.
For a conspiracy to have existed, it is not necessary that the conspirators made a formal agreement or that they agreed on every detail of the conspiracy.
One becomes a member of a conspiracy by willfully participating in the unlawful plan with the intent to advance or further some object or purpose of the conspiracy, even though the person does not have full knowledge of all the details of the conspiracy. Furthermore, one who willfully joins an existing conspiracy is as responsible for it as the originators.