Agreement of two or more persons to the unlawful object

AND · 21usc846:agreement

A buyer-seller transaction alone does not establish agreement to a further distribution conspiracy. Repetition/quantity and coordinated dealings can support the inference; no mechanical transaction-count rule is asserted.

Exact element source

conspires
Source: docroot/ir/usc/title21.jsonl#title21_sec846; Unicode character offsets [56:65] (end exclusive); SHA-256 2e517c5d16d23f29a12a2ee674170178c593255445eb2bf7e8f112f4236ea1e1.

All variants

Recorded DB variant labels, including zero-count variants
VariantDescriptionMerits instance blocksDistinct casesExample cases (up to 3 per group)
double-jeopardy/separate-deals-linked-by-informant0
Satisfied 0; not satisfied 0; excluded context 1
0No counted merits examples

Excluded context examples: /f3d/921/0951-01 — United States Court of Appeals for the Tenth Circuit · 2019 — applied/procedural

evidentiary-error/corroborating-shipment-coordination0
Satisfied 0; not satisfied 0; excluded context 1
0No counted merits examples

Excluded context examples: /f3d/933/0501-01 — United States Court of Appeals for the Sixth Circuit · 2019 — background/procedural

express/coordinationPlanning about sourcing, distribution, funding or shared proceeds can demonstrate a common objective.0
Satisfied 0; not satisfied 0; excluded context 0
0No annotation uses in this snapshot
retrial/sufficient-record-including-erroneously-admitted-testimony0
Satisfied 0; not satisfied 0; excluded context 1
0No counted merits examples

Excluded context examples: /f3d/934/1251-01 — United States Court of Appeals for the Eleventh Circuit · 2019 — applied/procedural

supply-network/cohabiting-supplier-and-distributor1
Satisfied 1; not satisfied 0; excluded context 0
1/f3d/932/1091-01 — United States Court of Appeals for the Eighth Circuit · 2019 — satisfied
tacit/circumstantialMutual understanding may be inferred from coordinated conduct, repeated distribution-level purchases and context; guilt still requires proof beyond reasonable doubt.0
Satisfied 0; not satisfied 0; excluded context 0
0No annotation uses in this snapshot
tacit/repeated-distribution-purchases1
Satisfied 1; not satisfied 0; excluded context 0
1/f3d/927/0446-01 — United States Court of Appeals for the Sixth Circuit · 2019 — satisfied
Unspecified variantNo variant assigned in the database.0
Satisfied 0; not satisfied 0; excluded context 1
0No counted merits examples

Excluded context examples: /us/513/0010-01 — Supreme Court of the United States · 1994 — rule-announced/merits

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f3d/921/0951-01 — United States Court of Appeals for the Tenth Circuit · 2019Agreement of two or more persons to the unlawful objectnot
Excluded from merits counts
applied / procedural

basis: law; party: defendant Leal; theory: identity of successive conspiracies; subject: party=defendant Leal; theory=identity of successive conspiracies

The court rejects the proposed inference that two prosecuted deals were the same conspiracy for double-jeopardy purposes. It does not find either prosecution lacks all agreement or that Leal acted only with an informant.
double-jeopardy/separate-deals-linked-by-informant
Here, there is no evidence that (1) Ms. Tapia or Mr. Carmona were "major buyers," (2) they obtained their drugs from the same supplier, or (3) Mr. Leal was a supplier to either of them.
Source: docroot/ir/caselaw/f3d_921.jsonl#/f3d/921/0951-01; Unicode character offsets [19598:19783] (end exclusive); SHA-256 9548ccac58b96b23f4639dd698eb70e092ffa90878ae6553b9b59f22ede5657e.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

This hardly supports an inference that they pursued a shared common objective or that the Tapia deal "[was] necessary or advantageous to the success" of the conspirators in the Carmona deal.
Source: docroot/ir/caselaw/f3d_921.jsonl#/f3d/921/0951-01; Unicode character offsets [19856:20046] (end exclusive); SHA-256 9548ccac58b96b23f4639dd698eb70e092ffa90878ae6553b9b59f22ede5657e.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/927/0446-01 — United States Court of Appeals for the Sixth Circuit · 2019Agreement of two or more persons to the unlawful objectsatisfied
Counted merits instance
applied / merits

basis: proved; party: defendant Potter; subject: party=defendant Potter

The court affirms sufficiency of the conspiracy evidence. Repeated distribution-scale purchases plus coordination and financing support the inferred agreement/knowing joinder; a buyer-seller transaction alone is not the stated rule.
tacit/repeated-distribution-purchases
Potter purchased methamphetamine from Hogan on at least six occasions in distribution-level amounts (between 4 and 20 ounces (113 to 566 grams)).
Source: docroot/ir/caselaw/f3d_927.jsonl#/f3d/927/0446-01; Unicode character offsets [20119:20264] (end exclusive); SHA-256 e2f6057ca05dfd945ac518e7765b2298d106e72992747e73d9d97250674a44c2.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Ample evidence showed an agreement.
Source: docroot/ir/caselaw/f3d_927.jsonl#/f3d/927/0446-01; Unicode character offsets [19672:19707] (end exclusive); SHA-256 e2f6057ca05dfd945ac518e7765b2298d106e72992747e73d9d97250674a44c2.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/932/1091-01 — United States Court of Appeals for the Eighth Circuit · 2019Agreement of two or more persons to the unlawful objectsatisfied
Counted merits instance
applied / merits

basis: proved; count: Count I conspiracy; subject: count=Count I conspiracy

The court rejects the attack on witness credibility as for the jury and upholds the conspiracy verdict. The testimony is credited under verdict-favorable review, not an independent undisputed fact.
supply-network/cohabiting-supplier-and-distributor
At the police station Utley waived his Miranda rights and consented to an interview, during which he stated that Burke regularly kept between a half-pound and two pounds of methamphetamine.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [3059:3248] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Utley identified Mazzulla as Burke's source.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [3249:3293] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Viewing the record in the light most favorable to the government, we are satisfied that the evidence supports the verdict on every count.
Source: docroot/ir/caselaw/f3d_932.jsonl#/f3d/932/1091-01; Unicode character offsets [28848:28985] (end exclusive); SHA-256 134fb3d6293d60034b50e328b2f8bc6338c96fa98b9411a4bc86a8b0b50fded8.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/933/0501-01 — United States Court of Appeals for the Sixth Circuit · 2019Agreement of two or more persons to the unlawful objectnot_reached
Excluded from merits counts
background / procedural

The court assesses cumulative evidence and prejudice from omitted expert instructions under plain-error review. This is not coded as a fresh merits sufficiency finding.
evidentiary-error/corroborating-shipment-coordination
For example, Hobbs testified that during the time he was in the car with Buchanan driving around and searching for the missing package, Buchanan repeatedly spoke with someone on the phone about the package.
Source: docroot/ir/caselaw/f3d_933.jsonl#/f3d/933/0501-01; Unicode character offsets [23223:23429] (end exclusive); SHA-256 d8ef780cfb5ac59cb14536a09f5f676824cdb333dad7e487bcb5e059ae417e56.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Hobbs also testified that he sent Buchanan lists of addresses to which Buchanan then had packages delivered.
Source: docroot/ir/caselaw/f3d_933.jsonl#/f3d/933/0501-01; Unicode character offsets [23545:23653] (end exclusive); SHA-256 d8ef780cfb5ac59cb14536a09f5f676824cdb333dad7e487bcb5e059ae417e56.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Furthermore, even to the extent that Adams's and Cajuste's testimony supported the conspiracy conviction as opposed to only the conviction for possession with intent to distribute, the government presented sufficient additional evidence supporting the conspiracy conviction that the opinion testimony was cumulative and unlikely to have influenced the verdict.
Source: docroot/ir/caselaw/f3d_933.jsonl#/f3d/933/0501-01; Unicode character offsets [20325:20685] (end exclusive); SHA-256 d8ef780cfb5ac59cb14536a09f5f676824cdb333dad7e487bcb5e059ae417e56.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/934/1251-01 — United States Court of Appeals for the Eleventh Circuit · 2019Agreement of two or more persons to the unlawful objectsatisfied
Excluded from merits counts
applied / procedural

basis: law; party: Hawkins; count: Count One conspiracy; subject: party=Hawkins; count=Count One conspiracy

The court rejects a sufficiency challenge using all admitted evidence but vacates the conviction for improper case-agent testimony. Procedural scope excludes this retrial-permitting conclusion from final merits-instance counts.
retrial/sufficient-record-including-erroneously-admitted-testimony
Through the intercepted conversations, the agents identified Carlos Ware as Jackson's cocaine supplier, McCree and Hawkins as distributors for Ware, and others who played various roles in the operation.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1251-01; Unicode character offsets [1483:1685] (end exclusive); SHA-256 db2e2c3e97883ca3f93a047deb87d2874ce5056a50b178817a970b81e1b0ffbd.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

We find no merit to Hawkins's assertions that the evidence admitted at trial was not sufficient to support his convictions because a reasonable trier of fact certainly could have found him guilty given the evidence presented.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1251-01; Unicode character offsets [45809:46034] (end exclusive); SHA-256 db2e2c3e97883ca3f93a047deb87d2874ce5056a50b178817a970b81e1b0ffbd.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

But because Agent Russell's testimony-which constituted the majority of the evidence against Hawkins as to all three counts-was admitted in error, we remand for a new trial.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1251-01; Unicode character offsets [46035:46208] (end exclusive); SHA-256 db2e2c3e97883ca3f93a047deb87d2874ce5056a50b178817a970b81e1b0ffbd.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/us/513/0010-01 — Supreme Court of the United States · 1994Agreement of two or more persons to the unlawful objectnot_reached
Excluded from merits counts
rule-announced / merits

The Court announces the no-overt-act rule; it does not decide a defendant-specific sufficiency finding here.
Unspecified variant
In order to establish a violation of 21 U. S. C. § 846, the Government need not prove the commission of any overt acts in furtherance of the conspiracy.
Source: docroot/ir/caselaw/us_513.jsonl#/us/513/0010-01; Unicode character offsets [8339:8491] (end exclusive); SHA-256 2fe5b9464462aba9e77428cdf532f373f7dcacf88d555503969ee67f6700475b.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations

interpretation

In order to establish a violation of 21 U. S. C. § 846, the Government need not prove the commission of any overt acts in furtherance of the conspiracy.

/us/513/0010-01 — Supreme Court of the United States · 1994

In order to establish a violation of 21 U. S. C. § 846, the Government need not prove the commission of any overt acts in furtherance of the conspiracy.
Source: docroot/ir/caselaw/us_513.jsonl#/us/513/0010-01; Unicode character offsets [8339:8491] (end exclusive); SHA-256 2fe5b9464462aba9e77428cdf532f373f7dcacf88d555503969ee67f6700475b.

A buyer-seller transaction alone does not establish agreement to a further distribution conspiracy. Repetition/quantity and coordinated dealings can support the inference; no mechanical transaction-count rule is asserted.

interpretation

agreement to violate the drug laws need not be express or formal. A tacit or mutual understanding among the parties is sufficient.

/f3d/927/0446-01 — United States Court of Appeals for the Sixth Circuit · 2019

agreement to violate the drug laws need not be express or formal. A tacit or mutual understanding among the parties is sufficient.
Source: docroot/ir/caselaw/f3d_927.jsonl#/f3d/927/0446-01; Unicode character offsets [19732:19862] (end exclusive); SHA-256 e2f6057ca05dfd945ac518e7765b2298d106e72992747e73d9d97250674a44c2.

A buyer-seller transaction alone does not establish agreement to a further distribution conspiracy. Repetition/quantity and coordinated dealings can support the inference; no mechanical transaction-count rule is asserted.

not-required

Overt act in furtherance of the conspiracy (Shabani); a formal or express agreement (Potter).

No source quotation recorded.