United States v. Valigura

The central issue in this case is whether appellee can be convicted of conspiracy if her sole coconspirator was an undercover government agent. The coconspirator’s status as an undercover agent is problematic because his lack of intent to complete the substantive offense calls into question the existence of an agreement, which is an essential component of the crime of conspiracy. This Court, taking a bilateral approach to conspiracy, holds that the conviction of the defendant should be overturned because there was in fact no agreement. I dissent. The Uniform Code of Military Justice, the…