Supreme Court of the United States
Smith v. United States
January 9, 2013568 U.S. 106
Summary
The Supreme Court held that the Due Process Clause does not require the Government to prove beyond a reasonable doubt that a defendant did not withdraw from a conspiracy outside the statute-of-limitations period. Instead, the defendant bears the burden of proving withdrawal by a preponderance of the evidence as an affirmative defense. Justice Scalia delivered the unanimous opinion, joined by all members of the Court.
Holding
- Burden of proof for withdrawal defense. The Government does not need to prove beyond a reasonable doubt that the defendant did not withdraw; the defendant bears the burden of proving withdrawal by a preponderance of the evidence.
Docket 11-8976