## Facts

- Federal prosecutors targeted a large Chicago gang engaged in extensive street-level drug distribution.
- Sonia Irwin, a Chicago police officer, had a long personal and romantic relationship with Gregory Shell, a high-ranking gang member.
- The government did not claim Irwin joined the drug conspiracy; it charged her with aiding and abetting a 21 U.S.C. § 846 drug-distribution conspiracy under 18 U.S.C. § 2.
- Evidence showed Irwin provided Shell logistical and financial assistance, including renting cars used for his trips to visit the gang’s imprisoned leader and allowing him to use her credit card.
- Irwin purchased and operated a restaurant where Shell worked and spent substantial time; the restaurant functioned as a regular meeting and communications location for gang members.
- Shell used the restaurant’s phone for calls about gang business, including the drug operation.
- The government introduced a recorded call suggesting Irwin managed who could use the restaurant phone, which the jury could view as controlling access to facilitate gang operations.
- A jury in the Northern District of Illinois convicted Irwin of aiding and abetting the drug conspiracy, and she appealed.

## Issues

1. Whether a defendant may be convicted of aiding and abetting a drug conspiracy by providing assistance after conspirators have already formed the unlawful agreement.
2. Whether the evidence was sufficient to prove beyond a reasonable doubt that Irwin knowingly and intentionally aided and abetted the ongoing drug conspiracy.

## Decision

- The Seventh Circuit affirmed the conviction.
- The court held aiding and abetting a conspiracy is legally permissible, including where assistance occurs after the conspiratorial agreement, because conspiracy is treated as continuing while its objectives are pursued.
- The court held the evidence permitted a rational jury to find Irwin knew of the conspiracy and intentionally provided assistance that furthered it.

## Legal Principles

- A conspiracy may be “complete” upon agreement for liability purposes yet still continue as conspirators carry out its objectives; assistance that furthers that ongoing enterprise can support aiding-and-abetting liability.
- Aiding and abetting requires proof that the defendant knowingly and intentionally assisted the criminal venture; intent may be inferred where the defendant knowingly renders aid and the natural consequence of that aid is to further the offense.
- On appellate review for sufficiency of the evidence, the verdict stands if, viewing the evidence in the government’s favor, a rational jury could find the elements proved beyond a reasonable doubt.

## Conclusion

The court upheld Irwin’s conviction, ruling that post-agreement assistance can constitute aiding and abetting an ongoing § 846 drug conspiracy and that the evidence supported the jury’s finding that Irwin knowingly provided logistical, financial, and operational support that furthered the conspiracy.


United States v. Irwin, 149 F.3d 565 (7th Cir. 1998)