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Court Opinions ›› United States v. Shabani (1994)
UNITED STATES, PETITIONER v. RESHAT SHABANI
No. 93-981 SUPREME COURT OF THE UNITED STATES 513 U.S. 10; 115 S. Ct. 382; 130 L. Ed. 2d 225; 1994 U.S. LEXIS 7817; 63 U.S.L.W. 4001; 94 Cal. Daily Op. Service 8306; 94 Daily Journal DAR 15424; 8 Fla. L. Weekly Fed. S 467 October 3, 1994, Argued November 1, 1994, Decided PRIOR HISTORY: ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Respondent Shabani was convicted of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 after the District Court refused to instruct the jury that proof of an overt act in furtherance of a narcotics conspiracy is required for conviction under § 846. The Court of Appeals reversed, holding that, under its precedent, the Government must prove at trial that a defendant has committed such an overt act.
In order to establish a violation of § 846, the Government need not prove the commission of any overt acts in furtherance of the conspiracy. [...] While Shabani correctly asserts that the law does not punish criminal thoughts, in a criminal conspiracy the criminal agreement itself is the actus reus.
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