SMITH v. U.S.

No. 11-8976.

133 S.Ct. 714 (2013)

184 L.Ed.2d 570

Calvin SMITH, Petitioner v. UNITED STATES.

Supreme Court of United States.

Decided January 9, 2013.


Attorney(s) appearing for the Case

A.J. Kramer , Washington, DC, for Petitioner.

Sarah E. Harrington , Washington, DC, for Respondent.

A.J. Kramer , Federal Public Defender, Counsel of Record, Rosanna M. Taormina , Assistant Federal Public Defender, Washington, DC, for Petitioner.

Donald B. Verrilli, Jr. , Solicitor General, Lanny A. Breuer , Assistant Attorney General, Michael R. Dreeben , Deputy Solicitor General, Sarah E. Harrington , Assistant to the Solicitor General, Counsel of Record, Stephan E. Oestreicher, Jr. , Attorney, Department of Justice, Washington, DC, for Respondent.


Justice SCALIA delivered the opinion of the Court.

Upon joining a criminal conspiracy, a defendant's membership in the ongoing unlawful scheme continues until he withdraws. A defendant who withdraws outside the relevant statute-of-limitations period has a complete defense to prosecution. We consider whether, when the defendant produces some evidence supporting such a defense, the Government must prove beyond a reasonable doubt that he did not withdraw outside the...

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