United States v. Jimenez Recio, 537 U.S. 270, 3 (2003)

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272

UNITED STATES v. JIMENEZ RECIO

Opinion of the Court

Justice Breyer delivered the opinion of the Court. We here consider the validity of a Ninth Circuit rule that a conspiracy ends automatically when the object of the conspiracy becomes impossible to achieve—when, for example, the Government frustrates a drug conspiracy's objective by seizing the drugs that its members have agreed to distribute. In our view, conspiracy law does not contain any such "automatic termination" rule.

I

In United States v. Cruz, 127 F. 3d 791, 795 (CA9 1997), the Ninth Circuit, following the language of an earlier case, United States v. Castro, 972 F. 2d 1107, 1112 (CA9 1992), wrote that a conspiracy terminates when " 'there is affirmative evidence of abandonment, withdrawal, disavowal or defeat of the object of the conspiracy.' " (Emphasis added.) It considered the conviction of an individual who, the Government had charged, joined a conspiracy (to distribute drugs) after the Government had seized the drugs in question. The Circuit found that the Government's seizure of the drugs guaranteed the "defeat" of the conspiracy's objective, namely, drug distribution. The Circuit held that the conspiracy had terminated with that "defeat," i. e., when the Government seized the drugs. Hence the individual, who had joined the conspiracy after that point, could not be convicted as a conspiracy member.

In this case the lower courts applied the Cruz rule to similar facts: On November 18, 1997, police stopped a truck in Nevada. They found, and seized, a large stash of illegal drugs. With the help of the truck's two drivers, they set up a sting. The Government took the truck to the drivers' destination, a mall in Idaho. The drivers paged a contact and described the truck's location. The contact said that he would call someone to get the truck. And three hours later, the two defendants, Francisco Jimenez Recio and Adrian Lopez-Meza, appeared in a car. Jimenez Recio drove away in the truck; Lopez-Meza drove the car away in a simi-

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