AND · 21usc846:knowledge
Knowing that others commit drug crimes does not itself establish that this defendant chose to join. Culpability as to the substance follows the chosen object offense; general association with offenders is insufficient.
Exact element source
conspiresSource:
docroot/ir/usc/title21.jsonl#title21_sec846; Unicode character offsets [56:65] (end exclusive); SHA-256 2e517c5d16d23f29a12a2ee674170178c593255445eb2bf7e8f112f4236ea1e1.All variants
| Variant | Description | Merits instance blocks | Distinct cases | Example cases (up to 3 per group) |
|---|---|---|---|---|
| tacit/repeated-distribution-purchases | 1 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 variant | No variant assigned in the database. | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | No 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
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /f3d/927/0446-01 — United States Court of Appeals for the Sixth Circuit · 2019 | Knowledge of the unlawful agreement and objective | satisfied 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 | Likewise, Potter continued his distribution efforts from jail by agreeing to front Hilliard funds to buy drugs from Hogan in exchange for a cut.Source: docroot/ir/caselaw/f3d_927.jsonl#/f3d/927/0446-01; Unicode character offsets [20523:20667] (end exclusive); SHA-256 e2f6057ca05dfd945ac518e7765b2298d106e72992747e73d9d97250674a44c2.The evidence also could lead a rational jury to find § 846 's other elements-that Potter knowingly and voluntarily participated in (that is, joined) the conspiracy.Source: docroot/ir/caselaw/f3d_927.jsonl#/f3d/927/0446-01; Unicode character offsets [20668:20832] (end exclusive); SHA-256 e2f6057ca05dfd945ac518e7765b2298d106e72992747e73d9d97250674a44c2. |
| /us/513/0010-01 — Supreme Court of the United States · 1994 | Knowledge of the unlawful agreement and objective | not_reached Excluded from merits counts rule-announced / merits | Unspecified variant | No source quotation recorded for this block. |
Court interpretations
interpretation
The elements of a drug distribution conspiracy are "(1) an agreement to violate drug laws ... ; (2) knowledge and intent to join the conspiracy; and (3) participation in the conspiracy."
/f3d/933/0501-01 — United States Court of Appeals for the Sixth Circuit · 2019
The elements of a drug distribution conspiracy are "(1) an agreement to violate drug laws ... ; (2) knowledge and intent to join the conspiracy; and (3) participation in the conspiracy."Source:
docroot/ir/caselaw/f3d_933.jsonl#/f3d/933/0501-01; Unicode character offsets [20686:20872] (end exclusive); SHA-256 d8ef780cfb5ac59cb14536a09f5f676824cdb333dad7e487bcb5e059ae417e56.Knowing that others commit drug crimes does not itself establish that this defendant chose to join. Culpability as to the substance follows the chosen object offense; general association with offenders is insufficient.