United States v. Recio
Recio was arrested for driving a truck load of marijuana and cocaine valued at over $12 million. The original driver of the truck and a companion had been arrested earlier that day. The companion cooperated with the police and called Recio, who agreed to retrieve the truck. After two trials, Recio was convicted of conspiracy to possess with intent to distribute a controlled substance, and possession with intent to distribute a controlled substance. At both trials, Recio filed motions for judgment of acquittal based on United States v. Cruz, in which the Ninth Circuit held that a defendant could not be charged with conspiracy to distribute drugs when the defendant is brought into the scheme only after law enforcement officials have intervened and the defendant’s involvement is prompted by the intervention. Recio appealed the district court’s denial of his motions. The court of appeals reversed the conspiracy conviction, holding that the evidence linking Recio to the pre-seizure conspiracy was insufficient to eliminate reasonable doubt from the minds of rational jurors.
Question Presented:
Whether a conspiracy ends as a matter of law when the government frustrates its objective.
