United States v. Anzalone

(concurring.in the result):

27. I agree with the majority’s disposition of the certified issue — specifically, that the court below erred by holding that a perceived agreement between a servicemember and an undercover law enforcement agent to commit an offense under the Uniform Code of Military Justice does not constitute an attempted conspiracy within the meaning of Article 80, UCMJ, 10 USC § 880. It is fully consistent with the approach this Court has *328followed in other contexts when an offense would have been completed if the circumstances actually had been as the accused had believed them…