C · Law–case relations
Part 1 lists the elements of the law. Part 2 lists each case; its numbered items use the same numbers as the elements, with the holding and the quoted passage it rests on. Quotations are verbatim; labels are derived annotations, not the source of truth. Muted blocks are not counted as merits applications.
1 · Elements of 21 U.S.C. § 846
- Identified offense in Subchapter I AND
to commit any offense defined in this subchapter - Agreement of two or more persons to the unlawful object AND
conspires - Knowledge of the unlawful agreement and objective AND
conspires - Knowing and voluntary participation in the agreement AND
conspires - Withdrawal before the applicable limitations period DEFENSE
conspires - Intent to commit the identified object offense AND
attempts - Conduct beyond preparation strongly corroborating intent AND
attempts - Object-offense penalty incorporation AND
shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
2 · Cases (10)
Case identity unavailable — citation unavailable · United States Court of Appeals for the Fifth Circuit · 1976 (21usc846: author: unavailable · not independently reviewed)
- Intent to commit the identified object offense✓ satisfied · proved
fact · supports Oviedo sold a substance he thought to be heroin, which in reality was an uncontrolled substance.
held We thus take as fact Oviedo’s belief that the substance was heroin.
- Conduct beyond preparation strongly corroborating intent✗ not satisfied · no-evidence
fact · supports First, Oviedo told the agent that the substance he was selling was heroin, and second, portions of the substance were concealed in a television set.
fact · cuts-against Oviedo sold a substance he thought to be heroin, which in reality was an uncontrolled substance.
held We cannot conclude that the objective acts of Oviedo apart from any indirect evidence of intent mark his conduct as criminal in nature.
Not addressed: elements 1, 2, 3, 4, 5, 8
Case identity unavailable — citation unavailable · United States Court of Appeals for the Eighth Circuit · 1982 (21usc846: author: unavailable · not independently reviewed)
- Intent to commit the identified object offense○ not reached · basis not recorded Not counted: applied/hypothetical
held With this in mind, we conclude that even assuming Joyce went to St. Louis intending to purchase cocaine, there was clearly insufficient evidence to establish that he engaged in conduct constituting a “substantial step” toward the commission of the crime of possession of cocaine with the intent to distribute.
- Conduct beyond preparation strongly corroborating intent✗ not satisfied · no-evidence
fact · cuts-against While Joyce professed a desire to purchase cocaine during his preliminary discussions with Jones, Joyce never attempted to carry through with that desire by producing the money necessary to purchase and hence ultimately possess the cocaine.
fact · cuts-against And, although Jones gave Joyce the sealed and wrapped package said to contain a kilogram of cocaine, Joyce did not open the package but immediately returned the package to Jones who in turn refused to open the package because Joyce refused to produce the money necessary to effectuate the purchase of a pound of cocaine.
held Whatever intention Joyce had to procure cocaine was abandoned prior to the commission of a necessary and substantial step to effectuate the purchase of cocaine.
Not addressed: elements 1, 2, 3, 4, 5, 8
Case identity unavailable — citation unavailable · United States Court of Appeals for the Tenth Circuit · 2019 (21usc846: author: unavailable · not independently reviewed)
- Agreement of two or more persons to the unlawful object✗ not satisfied · law Not counted: applied/procedural
fact · cuts-against 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.
held 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.
- Knowing and voluntary participation in the agreement○ not reached · basis not recorded Not counted: applied/procedural
rule Although two or more people must agree to form a conspiracy, an informant cannot count toward that requirement: "[T]here can be no indictable conspiracy involving only the defendant and government agents or informers."
Not addressed: elements 1, 3, 5, 6, 7, 8
Case identity unavailable — citation unavailable · United States Court of Appeals for the Sixth Circuit · 2019 (21usc846: author: unavailable · not independently reviewed)
- Agreement of two or more persons to the unlawful object✓ satisfied · proved
fact · supports Potter purchased methamphetamine from Hogan on at least six occasions in distribution-level amounts (between 4 and 20 ounces (113 to 566 grams)).
held Ample evidence showed an agreement.
- Knowledge of the unlawful agreement and objective✓ satisfied · proved
fact · supports Likewise, Potter continued his distribution efforts from jail by agreeing to front Hilliard funds to buy drugs from Hogan in exchange for a cut.
held 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.
- Knowing and voluntary participation in the agreement✓ satisfied · proved
fact · supports Likewise, Potter continued his distribution efforts from jail by agreeing to front Hilliard funds to buy drugs from Hogan in exchange for a cut.
held 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.
Not addressed: elements 1, 5, 6, 7, 8
Case identity unavailable — citation unavailable · United States Court of Appeals for the Fourth Circuit · 2019 (21usc846: author: unavailable · not independently reviewed)
- Identified offense in Subchapter I○ not reached · basis not recorded Not counted: background/procedural
fact · supports A federal jury convicted Benjamin Galecki and Charles Burton Ritchie ("Defendants") of charges related to a conspiracy to distribute controlled substance analogues.
held In any further proceedings, the Government has the option to grant the Touhy request as to Dr. Berrier, dismiss the indictment, or endure a sanction.
Not addressed: elements 2, 3, 4, 5, 6, 7, 8
Case identity unavailable — citation unavailable · United States Court of Appeals for the Eighth Circuit · 2019 (21usc846: author: unavailable · not independently reviewed)
- Identified offense in Subchapter I✓ satisfied · proved
fact · supports During the interview, Mazzulla admitted that over the past two years he sold up to two ounces of methamphetamine per week to his employees.
held Viewing the record in the light most favorable to the government, we are satisfied that the evidence supports the verdict on every count.
- Agreement of two or more persons to the unlawful object✓ satisfied · proved
fact · supports 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.
fact · supports Utley identified Mazzulla as Burke's source.
held Viewing the record in the light most favorable to the government, we are satisfied that the evidence supports the verdict on every count.
Not addressed: elements 3, 4, 5, 6, 7, 8
Case identity unavailable — citation unavailable · United States Court of Appeals for the Sixth Circuit · 2019 (21usc846: author: unavailable · not independently reviewed)
- Agreement of two or more persons to the unlawful object○ not reached · basis not recorded Not counted: background/procedural
fact · supports 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.
fact · supports Hobbs also testified that he sent Buchanan lists of addresses to which Buchanan then had packages delivered.
held 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.
Not addressed: elements 1, 3, 4, 5, 6, 7, 8
Case identity unavailable — citation unavailable · United States Court of Appeals for the Eleventh Circuit · 2019 (21usc846: author: unavailable · not independently reviewed)
- Agreement of two or more persons to the unlawful object✓ satisfied · law Not counted: applied/procedural
fact · supports 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.
held 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.
held 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.
Not addressed: elements 1, 3, 4, 5, 6, 7, 8
Case identity unavailable — citation unavailable · United States Court of Appeals for the Sixth Circuit · 2019 (21usc846: author: unavailable · not independently reviewed)
- Object-offense penalty incorporation○ not reached · basis not recorded Not counted: background/procedural
fact · supports The district court applied a two-level sentencing enhancement because McCloud carried a firearm during an attempt to buy marijuana during the course of the conspiracy.
held For the reasons set forth below, we AFFIRM the judgment of the district court.
Not addressed: elements 1, 2, 3, 4, 5, 6, 7
Case identity unavailable — citation unavailable · Supreme Court of the United States · 1994 (21usc846: author: unavailable · not independently reviewed)
- Identified offense in Subchapter I○ not reached · basis not recorded Not counted: rule-announced/meritsNo source quotation linked.
- Agreement of two or more persons to the unlawful object○ not reached · basis not recorded Not counted: rule-announced/merits
rule 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.
- Knowledge of the unlawful agreement and objective○ not reached · basis not recorded Not counted: rule-announced/meritsNo source quotation linked.
- Knowing and voluntary participation in the agreement○ not reached · basis not recorded Not counted: rule-announced/meritsNo source quotation linked.
Not addressed: elements 5, 6, 7, 8