SUPREME COURT REVERSES DECISION ON CONSPIRACY

WASHINGTON -- The Supreme Court ruled that a person can be charged in a
conspiracy even if the individual became involved after the conspiracy was
thwarted -- a move that strengthens the hand of authorities in pursuing
crimes, including terrorism.

The case involved a sting operation that netted, among others, two men who
picked up a $10 million to $12 million shipment of marijuana and cocaine
from a truck whose driver was cooperating with law-enforcement agents. The
two men were charged with possession and intent to sell the drugs, but
argued successfully that under a 1997 ruling by the U.S. Appeals Court for
the Ninth Circuit in San Francisco, there was no active conspiracy because
the government had already uncovered the plot.

Last year, the U.S. solicitor general's office urged the high court to
reverse the appeals court's ruling. The Ninth Circuit's ruling "discourages
legitimate law-enforcement methods that can be of vital importance not only
in drug cases but also in violent crime, terrorism and other contexts in
which prosecution of the conspirators and frustration of their goals are
both crucial objectives," the U.S. said.

Writing for the majority, Justice Stephen Breyer said: "In our view,
conspiracy law does not contain any such 'automatic termination' rule."
Justice Breyer faulted the appeals-court decision saying it was
"inconsistent with our own understanding of basic conspiracy law." Citing
Supreme Court precedent, he said the threat of conspiracy remains a public
danger beyond the commission of the crime, in part because it is more
likely conspirators will commit more crimes. He also noted that no other
federal appeals court has adopted the Ninth Circuit's reasoning on the matter.

The high court's decision was joined by all other justices except Justice
John Paul Stevens, who said in a brief dissent that he differed with the
majority only on a procedural point. (U.S. v. Recio et al.)