Wednesday, January 09, 2013 10:37 am
Court: Defendant must prove abandoning conspiracy
The Associated Press
The high court unanimously ruled against Calvin Smith, who was convicted for his role in a drug organization in Washington, D.C.
He says he shouldn't have been convicted as part of the conspiracy because he was in prison on another crime for the last six years. He argued that the government should be forced to prove that he participated in the conspiracy within the time limit.
But Justice Antonin Scalia says prosecutors only need prove that the conspiracy continued past the statute of limitations cut-off. The justice says the "burden of establishing withdrawal before that cut-off rests upon the defendant."