Supreme Court of the United States

United States v. Shabani

November 1, 1994513 U.S. 10

Summary

Justice O’Connor delivered the unanimous opinion holding that conviction under 21 U.S.C. § 846 does not require proof of an overt act in furtherance of a drug conspiracy. The statute incorporates the common-law understanding of conspiracy, under which the criminal agreement itself supplies the required act, and omits the express overt-act requirement found in other conspiracy statutes. The Court also rejected application of the rule of lenity because ordinary interpretive principles resolved the statute’s meaning. It reversed the Ninth Circuit’s judgment. There were no separate opinions.

Holding

  • Whether an overt act is an element of conspiracy under 21 U.S.C. § 846.. The Government need not prove any overt act in furtherance of the conspiracy to establish a violation of § 846.
  • Whether the rule of lenity supplies an overt-act requirement absent express statutory language dispensing with one.. The rule of lenity does not apply because § 846 is unambiguous after application of traditional statutory interpretation principles.

Docket 93-981

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