United States Supreme Court

In appeal from conviction of conspiracy charges for role in illegal drug business, judgment is affirmed, where: 1) a criminal defendant bears the burden of proving withdrawal from a conspiracy regardless of when the purported withdrawal took place; 2) allocating the burden to defendant does not violate the Due Process clause; 3) Congress did not address in 21 U.S.C. section 846 or 18 U.S.C. section 1962(d) the burden of proof for withdrawal, and thus the common law rule that defendant bears the burden of proving affirmative defenses remains; and 4) the burden of proof does not change even when withdrawal is the basis for a statute-of-limitations defense.

Appellate Information

• Decided 01/09/2013
• Published 01/09/2013

Judges

• SCALIA

Court

• United States Supreme Court

Counsel