Transcript U.S. v Jimenez Recio - Delmar

U.S. v. JIMENEZ RECIO
537 U.S. 270 (2003)
Case Brief
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U.S. v. RECIO
• PURPOSE: This case examines the
boundaries of conspiracy.
Copyright 2007 Thomson Delmar Learning.
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U.S. v. RECIO
• CAUSE OF ACTION: Conspiracy.
Copyright 2007 Thomson Delmar Learning.
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U.S. v. RECIO
• FACTS: The police seized illegal drugs
from a truck and set up a sting operation
with the assistance of the truck’s two
drivers. When Jimenez Recio came to the
truck and drove it away the police arrested
him.
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U.S. v. RECIO
• ISSUE: Whether a conspiracy ends
automatically when the object of the
conspiracy becomes impossible to
achieve (i.e., the Government frustrates
a drug conspiracy’s objective by seizing
the drugs that its members have agreed
to distribute).
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U.S. v. RECIO
• HOLDING: No. A conspiracy does not end
automatically when completion of the goal
of the conspiracy becomes impossible.
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U.S. v. RECIO
• REASONING: The essence of a conspiracy is
an agreement between the conspirators to do
something illegal. The Court explains that the
agreement represents a threat to the public
even if the crime is not committed because of
the likelihood of the conspirators committing
other crimes and because the agreement makes
it less likely that the conspirators will abandon
commission of the crime. The Court holds that
the Ninth Circuit rule to the contrary is
erroneous.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.