United States v. Jimenez Recio, 537 U.S. 270, 8 (2003)

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Cite as: 537 U. S. 270 (2003)

Opinion of the Court

In tracing the origins of the statement of conspiracy law upon which the Cruz panel relied, we have found a 1982 Ninth Circuit case, United States v. Bloch, 696 F. 2d 1213, in which the court, referring to an earlier case, United States v. Krasn, 614 F. 2d 1229 (CA9 1980), changed the language of the traditional conspiracy termination rule. Krasn said that a conspiracy is " 'presumed to continue unless there is affirmative evidence that the defendant abandoned, withdrew from, or disavowed the conspiracy or defeated its purpose.' " Id., at 1236 (emphasis added). The Bloch panel changed the grammatical structure. It said that "a conspiracy is presumed to continue until there is . . . defeat of the purposes of the conspiracy." 696 F. 2d, at 1215 (emphasis added). Later Ninth Circuit cases apparently read the change to mean that a conspiracy terminates, not only when the defendant defeats its objective, but also when someone else defeats that objective, perhaps the police. In Castro, the panel followed Bloch. 972 F. 2d, at 1112. In Cruz, the panel quoted Castro. 127 F. 3d, at 795. This history may help to explain the origin of the Cruz rule. But, since the Circuit's earlier cases nowhere give any reason for the critical change of language, they cannot help to justify it.

III

We conclude that the Ninth Circuit's conspiracy-termination law holding set forth in Cruz is erroneous in the manner discussed. We reverse the present judgment insofar as it relies upon that holding. Because Jimenez Recio and Lopez-Meza have raised other arguments not here considered, we remand the case, specifying that the Court of Appeals may consider those arguments, if they were properly raised.

The judgment of the Ninth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

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