Legal Opinion

Smith v. United States

Supreme Court of the United States

Decided January 9, 2013No. 11-8976PublishedCited by 243 opinions

1Opinion of the CourtJustice Scalia

Upon joining a criminal conspiracy, a defendant’s membership in the ongoing unlawful scheme continues until he withdraws. A defendant who withdraws outside the relevant statute-of-limitations period has a complete defense to prosecution. We consider whether, when the defendant produces some evidence supporting such a defense, the Government must prove beyond a reasonable doubt that he did not withdraw outside the statute-of-limitations period.

I—I

Petitioner Calvin Smith was indicted for crimes connected to his role in an organization that distributed cocaine, crack cocaine, heroin, and…

2Cases cited14 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Pinkerton v. United StatesSupreme Court of the United States · 1946
  3. Patterson v. New YorkSupreme Court of the United States · 1977
  4. Grunewald v. United StatesSupreme Court of the United States · 1957
  5. Leland v. OregonSupreme Court of the United States · 1952

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3Cited by243 opinions

  1. Musacchio v. United StatesSupreme Court of the United States · 2016
  2. Rosemond v. United StatesSupreme Court of the United States · 2014
  3. United States v. Keith McGillCourt of Appeals for the D.C. Circuit · 2016
  4. United States v. Tony SparkmanCourt of Appeals for the Seventh Circuit · 2016
  5. Xiulu Ruan v. United StatesSupreme Court of the United States · 2022

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