## Facts

- A grand jury alleged Reshat Shabani participated in a cocaine distribution scheme in Anchorage, Alaska, involving his girlfriend, her family, and other associates.
- Shabani was alleged to be the supplier who arranged for cocaine to be smuggled from California.
- Federal agents ran an undercover operation and bought cocaine from members of the distribution network.
- Shabani was charged with conspiracy to distribute cocaine under 21 U.S.C. § 846.
- Shabani moved to dismiss the indictment, arguing it was defective because it did not allege any overt act in furtherance of the conspiracy.

## Issues

1. Whether 21 U.S.C. § 846 requires the Government to prove that a conspirator committed an overt act in furtherance of the conspiracy.

## Decision

- The Supreme Court unanimously reversed the Ninth Circuit.
- The Court held that, to prove a violation of 21 U.S.C. § 846, the Government need not prove the commission of any overt act in furtherance of the conspiracy.
- The judgment of the Ninth Circuit was reversed, and Shabani’s conviction was reinstated.

## Legal Principles

- When a conspiracy statute is silent on an overt-act element, courts generally presume Congress adopted the common-law definition of conspiracy, under which the agreement itself is sufficient for liability.
- The plain text of 21 U.S.C. § 846 does not include an overt-act requirement; courts should not add one absent contrary indications.
- Congress’s inclusion of overt-act language in other conspiracy statutes (e.g., 18 U.S.C. § 371) supports reading § 846’s omission as intentional.
- Conspiracy liability does not punish “mere thoughts”; the criminal agreement constitutes the actus reus.
- The rule of lenity does not apply where the statute’s meaning is not ambiguous in light of text, structure, and common-law background.

## Conclusion

The Court held that federal drug conspiracy under 21 U.S.C. § 846 is established by proving a knowing agreement to commit a drug offense, without proof that any conspirator committed an overt act to further the agreement.


United States v. Shabani, 513 U.S. 10 (1994)