United States v. Dunbar

The majority correctly observe that a conspirator is prosecutable “for substantive offenses which were committed pursuant to the conspiracy and to carry out its objectives.” 12 M.J. 218, 220. Here, the allegations of the conspiracy specification (specification 3, Charge II) are, in material part, that the accused did “conspire ... to commit an offense ... to wit: the sale of a habit forming narcotic drug, cocaine.” (Emphasis supplied.) In my opinion, the allegations limit the objective of the criminal agreement to a single sale. It may be that the limitation was inadvertent, but the…