United States v. Shabani, 513 U.S. 10, 4 (1994)

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Cite as: 513 U. S. 10 (1994)

Opinion of the Court

II

Congress passed the drug conspiracy statute as § 406 of the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. 91-513, 84 Stat. 1236. It provided: "Any person who attempts or conspires to commit any offense defined in this title is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy." Id., at 1265. As amended by the Anti-Drug Abuse Act of 1988, Pub. L. 100- 690, § 6470(a), 102 Stat. 4377, the statute currently provides: "Any person who attempts or conspires to commit any offense defined in this subchapter 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." 21 U. S. C. § 846. The language of neither version requires that an overt act be committed to further the conspiracy, and we have not inferred such a requirement from congressional silence in other conspiracy statutes. In Nash v. United States, 229 U. S. 373 (1913), Justice Holmes wrote, "[W]e can see no reason for reading into the Sherman Act more than we find there," id., at 378, and the Court held that an overt act is not required for antitrust conspiracy liability. The same reasoning prompted our conclusion in Singer v. United States, 323 U. S. 338 (1945), that the Selective Service Act "does not require an overt act for the offense of conspiracy." Id., at 340.

Nash and Singer follow the settled principle of statutory construction that, absent contrary indications, Congress intends to adopt the common law definition of statutory terms. See Molzof v. United States, 502 U. S. 301, 307-308 (1992). We have consistently held that the common law understand-cert. denied, 469 U. S. 983 (1984); United States v. Knuckles, 581 F. 2d 305, 311 (CA2), cert. denied, 439 U. S. 986 (1978).

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