United States v. Valigura

54 M.J. 187 (2000)

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United States v. Valigura

United States Court of Appeals for the Armed Forces
54 M.J. 187 (2000)

  • Written by Rose VanHofwegen, JD

Facts

Private Audrey Valigura (defendant) sold marijuana to an undercover military-police investigator who asked to buy some. Nobody other than the undercover investigator was involved, but Valigura was convicted of conspiracy to distribute drugs in addition to other charges. Valigura appealed, arguing that a conspiracy takes at least two people who actually agree to commit a crime. The appellate court reversed the conspiracy conviction, but it upheld a conviction for the lesser included offense of attempted conspiracy. The judge advocate general certified the issue of whether the appellate court erred in setting aside the conspiracy conviction solely because Valigura’s only coconspirator was an undercover agent.

Rule of Law

Issue

Holding and Reasoning (Everett, J.)

Concurrence (Sullivan, J.)

Concurrence/Dissent (Gierke, J.)

Dissent (Crawford, C.J.)

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