United States Ninth Circuit

In a case remanded from the U.S. Supreme Court, appellate court found its reliance on the U.S. v. Cruz rule stating a conspiracy continues until there is affirmative evidence of abandonment, withdrawal or defeat of conspiratorial objective amounted to plain error.

Appellate Information

• Argued 07/09/2003
• Decided 06/15/2004
• Published 06/15/2004

Judges

• Before:  BROWNING, B. FLETCHER, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• M. Karl Shurtliff,Pike & Shurtliff, Boise, ID, for defendant-appellant Recio;  Thomas A. Sullivan, Wiebe & Fouser, Caldwell, ID, for defendant-appellant Lopez-Meza., Thomas E. Moss, United States Attorney for the District of Idaho, Department of Justice, Boise, ID;  Alan G. Burrow, Assistant United States Attorney, Department of Justice, Boise, ID, for the plaintiff-appellee.