Can a crime prevented still be called conspiracy?
In another case Tuesday before the Supreme Court, the arguments will focus on drug trafficking, but for the Bush administration, it could have important implications in its fight against international 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 a drug trafficking conspiracy after a 1997 sting operation. Nevada law enforcement had discovered a truck containing $10 million to $12 million worth of cocaine and marijuana. With the help of a passenger in a truck, police set up a sting operation and sent the drug-laden truck on its way. The two men, Francisco Jimenez Recio and Adrian Lopez-Meza, were arrested after they showed up to get the truck in Idaho and had driven 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
