21 U.S.C. § 846 · A outline

A · Element outline

Labels preserve the recorded AND / OR / EXCEPTION / DEFENSE structure.

Claim structure

Expression key: & = AND; | = OR; ! = exclusion / negation. Parentheses preserve grouping.

21usc846:846-conspiracy

object-offense & agreement & knowledge & intentional-joinder & !withdrawal-limitations

Judicial construction of conspires, not a statutory enumeration: agreement to commit an offense in this subchapter, knowledge of its unlawful objective, and intentional joining/participation are required. Participation means joining, not a separate overt act. Agreement must include at least two genuine conspirators; a government agent feigning agreement cannot alone supply the second party.

21usc846:846-attempt

object-offense & attempt-intent & substantial-step

Attempt separately requires intent to commit the identified object offense plus a substantial step strongly corroborating that intent. The conspiracy no-overt-act rule does not eliminate attempt's conduct requirement. Completion is unnecessary.

Constraints

Joining an actual common unlawful undertaking requires more than dealing solely with an informant or knowing other offenders

Leal applies the Tenth Circuit interdependence formulation: participants must advance a shared criminal objective. Separate agreements linked only through an informant were not one conspiracy. Other circuits express the common-objective rule through agreement/joinder; this constraint does not nationalize the Tenth Circuit's four-item instructions.