Fifth Circuit Reminds Prosecutors About the Limits of Conspiracy

Both federal and state prosecutors love to charge defendants with conspiracy because a conspiracy count lets them tell an open-ended story in the charging instrument, renders a broader range of evidence relevant and admissible, and gives jurors a nebulous “well, they did something wrong” hook to hang a conviction on. There are, however, legal limits to conspiracy charges.  It’s good to see the United States Court of Appeals for the Fifth Circuit remind federal prosecutors of those limits.  On January 19, 2011, the Fifth Circuit published its opinion in United States v. Maria Aide Delgado,...