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Supreme Court hears arguments on conspiracyCase may have broader terrorism implications
From William Mears
WASHINGTON (CNN) -- U.S. lawyers told the Supreme Court Tuesday that a drug trafficking case could have implications for America's war against terrorism. At issue is whether the government can charge suspects with conspiracy when an alleged crime has already been discovered and prevented from occurring. The case involves two men arrested and charged with drug-trafficking conspiracy after a 1997 sting operation. Nevada law officers had discovered a truck containing $10 million to $12 million worth of cocaine and marijuana. With the help of a passenger in the truck, police set up a sting operation and sent the drug-laden truck on its way. The two suspects, Francisco Jimenez Recio and Adrian Lopez-Meza, were arrested after they showed up to get the truck in Idaho and drove it away. They were convicted in federal court with drug possession and conspiracy to distribute, and given 10-year prison terms. A federal appeals court ruled there was insufficient evidence the men were involved in a conspiracy before the drug seizure. Citing earlier precedents, the court decided the men would probably not have been involved in the conspiracy had they not been lured into it, and said the government did not prove any other involvement in a conspiracy. The government said the ruling "exonerates culpable defendants and needlessly complicates the prosecution of conspiracy cases." On Tuesday, the Justice Department urged the Supreme Court to quickly take on the case. Attorney General John Ashcroft has said the FBI has retooled its mission to focus on terror and crime prevention, and it needs all the legal and investigative tools necessary to meet that goal, including the use of sting and undercover operations. "Similar legitimate law enforcement tactics are crucial in violent crime, terrorism and other contexts," Solicitor General Ted Olson said Tuesday. Because of its broad interpretation, conspiracy is a popular charge for prosecutors to file when building a criminal case. Justices Tuesday sought clarification on just when police in this case discovered the alleged conspiracy, and who could subsequently be charged as being involved in that conspiracy. The case is U.S. v. Recio (Docket number 01-1184).
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