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United States v. Shabani

513 U.S. 10 (1994)

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United States v. Shabani

United States Supreme Court

513 U.S. 10 (1994)

Facts

Reshat Shabani (defendant) was charged with conspiring to distribute cocaine. Shabani moved to have the indictment dismissed on the ground that it failed to allege that he committed an overt act in furtherance of the conspiracy. The United States District Court for the District of Alaska denied the motion, and Shabani was convicted after a jury trial. The United States Court of Appeals for the Ninth Circuit reversed, reasoning that although an overt act was an essential element of the offense, the indictment did not need to allege every element of a conspiracy offense. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (O’Connor, J.)

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