OR · 21usc841:x-conspiracy-846
Cross-statute route only; § 846 is distinct from aiding under § 2 and from substantive § 841(a)(1).
Exact element source
any person who violates subsection (a) of this sectionSource:
docroot/ir/usc/title21.jsonl#title21_sec841; Unicode character offsets [489:543] (end exclusive); SHA-256 ebaba73bf6e21a591f44bf851f24a052a5687813c505030cd9483e17753e9420.All variants
No variants recorded in this snapshot.
How courts decided this element
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|
Court interpretations
interpretation
To obtain a conviction under section 846, the government must prove beyond a reasonable doubt: (1) the existence of an agreement to violate the drug laws and each coconspirator’s (2) knowledge of the agreement, (3) intent to join it, and (4) participation in the conspiracy.
/f2d/779/1098-01 — United States Court of Appeals for the Fifth Circuit · 1986
To obtain a conviction under section 846, the government must prove beyond a reasonable doubt: (1) the existence of an agreement to violate the drug laws and each coconspirator’s (2) knowledge of the agreement, (3) intent to join it, and (4) participation in the conspiracy.Source:
docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [10035:10309] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.Cross-statute route only; § 846 is distinct from aiding under § 2 and from substantive § 841(a)(1).
interpretation
But an express, explicit agreement is normally not required, and a tacit, mutual agreement with common design, purpose, and understanding will usually suffice.
/f2d/779/1098-01 — United States Court of Appeals for the Fifth Circuit · 1986
But an express, explicit agreement is normally not required, and a tacit, mutual agreement with common design, purpose, and understanding will usually suffice.Source:
docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [10592:10751] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.Cross-statute route only; § 846 is distinct from aiding under § 2 and from substantive § 841(a)(1).
not-required
Proof of an overt act in furtherance of a 21 U.S.C. § 846 drug conspiracy (United States v. Shabani, 513 U.S. 10 (1994))
No source quotation recorded.