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A conspiracy is an agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unla
by evgen 9y ago
A conspiracy is an agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of actors. In this case the unlawful act is to knowingly participate in a scheme to violate various drug laws regarding the importation and distribution of controlled substances. In addition to the evidence of mens rea given there are several overt acts (e.g. agreeing to remote wipe a phone that was, at the time of this act, known to be held as evidence in a criminal case) that fulfill the requirements to indict for a conspiracy charge. As for entrapment, such a condition does not apply just by the act of a government agent providing someone with the opportunity to commit a crime but by when they use threats, harassment, or fraud to convince someone to do an act that the defendant can show they would not normally perform. Asking the defendant to wipe the phone was not entrapment, but suggesting that your drug cartel buddies might break his legs if he did not wipe the phone would be entrapment.
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