Please Scroll Down to See Forums Below 
nycdefender
New member
Here is a federal conspiracy statute:
21 USC § 963. Attempt and conspiracy
Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
Selling steroids is a crime under the subchapter. 21 USC sec.841 prohibits: "to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance." [I know this was not grammatically correct, but I'm too tired to care at this point.] And steroids are a controlled substance under 21 USC sec. 812. [Rick, if you're out there, please chime in and correct me. I don't do federal practice.]
Here are a couple of cases for those of you who think that conduct beyond merely "whispering" is required.
When a scheme to import or distribute a controlled substance is specifically prohibited by statute, it is not necessary to plead or to prove overt action in furtherance of the scheme. U. S. v. Grammatikos, C.A.2 (N.Y.) 1980, 633 F.2d 1013.
No averment of overt acts is required in charge under this section. U.S. v. Yonn, C.A.11 (Fla.) 1983, 702 F.2d 1341, certiorari denied 104 S.Ct. 283, 464 U.S. 917, 78 L.Ed.2d 261.
When a scheme to import or distribute a controlled substance is specifically prohibited by statute, it is not necessary to plead or to prove overt action in furtherance of the scheme. U. S. v. Grammatikos, C.A.2 (N.Y.) 1980, 633 F.2d 1013.
21 USC § 963. Attempt and conspiracy
Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
Selling steroids is a crime under the subchapter. 21 USC sec.841 prohibits: "to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance." [I know this was not grammatically correct, but I'm too tired to care at this point.] And steroids are a controlled substance under 21 USC sec. 812. [Rick, if you're out there, please chime in and correct me. I don't do federal practice.]
Here are a couple of cases for those of you who think that conduct beyond merely "whispering" is required.
When a scheme to import or distribute a controlled substance is specifically prohibited by statute, it is not necessary to plead or to prove overt action in furtherance of the scheme. U. S. v. Grammatikos, C.A.2 (N.Y.) 1980, 633 F.2d 1013.
No averment of overt acts is required in charge under this section. U.S. v. Yonn, C.A.11 (Fla.) 1983, 702 F.2d 1341, certiorari denied 104 S.Ct. 283, 464 U.S. 917, 78 L.Ed.2d 261.
When a scheme to import or distribute a controlled substance is specifically prohibited by statute, it is not necessary to plead or to prove overt action in furtherance of the scheme. U. S. v. Grammatikos, C.A.2 (N.Y.) 1980, 633 F.2d 1013.
