High court upholds broad reach of conspiracy law.

CONSPIRACY - In a decision that could affect terrorism cases, the Supreme Court overturns the 9th Circuit's narrow definition of criminal conspiracy in a drug case.
        The essence of a conspiracy is an agreement to commit an unlawful act. That agreement is a distinct evil, which may … be punished whether or not the substantive crime ensues.” -- Justice Stephen Breyer

By AVID G. SAVAGE
LOS ANGELES TIMES

WASHINGTON - The Supreme Court on Tuesday upheld the government's broad power to imprison those who join a conspiracy to sell drugs or commit terrorism, even when the purported conspirators do not carry out the crime or when the plot has been foiled before they join it.
        By law, a conspiracy is a type of guilt by association. It allows the government to prosecute all those who are involved in a drug, gang or terrorist activity and to charge the minor players with a major crime.
        Because of the "vital importance" of conspiracy law in prosecuting terrorists and drug dealers, U.S. Solicitor General Theodore Olson urged the Supreme Court to affirm the broad reach of conspiracy and to overturn the narrower rule adopted by the 9th U.S. Circuit of Appeals for the Western states.
        Since 1997, the appeal's court has thrown out conspiracy charges against drug sellers who were picked up after agents had foiled a drug-selling plot.
        In the latest reversal of the 9th Circuit, the Supreme Court ruled unanimously Tuesday that unwitting, would-be conspirators can be sent to jail for joining a plot that has already-been broken up.
        "The essence of a conspiracy is an agreement to commit an unlawful act," Justice Stephen G. Breyer said. "That agreement is a distinct evil, which may exist and be punished whether or not the substantive crime ensues".
        Breyer said the law of conspiracy has been well established for a long time. "The view we endorse today is the view of almost all courts and commentators, but for the 9th Circuit," he said.
        Conspiracy charges also have figured prominently in the war on terrorism.
        Under the conspiracy law, federal prosecutors were able to bring terrorism charges and seek the death penalty against Zacarias Moussaoui, even though he was in jail in Minnesota when terrorists attacked the World Trade Center.
        Tuesday's Supreme Court decision revives the drug conspiracy convictions of two men who picked up a truck that had been left in the parking lot of a shopping mall near Boise, Idaho.
        The day before, on Nov. 18, 1997, Nevada state police had stopped the truck near Las Vegas and found 369 pounds of marijuana and 4.15 pounds of cocaine inside it. Together, the drug were said to be worth more than $10 million.
        The two drivers said they were ignorant of what was in the truck, but one of them helped police in setting up a sting. Two others were later arrested picking up the shipment and all four were charged with conspiracy.

ONLINE: Supreme Court www.supremecourtus.gov

CITATION: UNITED STATES v. JIMENEZ RECIO et al., certiorari to the united states court of appeals for the ninth circuit, No. 01-1184. Argued November 12, 2002--Decided January 21, 2003