Leaving a conspiracy
Smith v. United States
In brief
The Supreme Court agreed with the D.C. Circuit: a defendant, not the government, must prove withdrawal from a conspiracy.
- Where it stands
- Decided
Decided 9-0 · January 9, 2013 · Opinion by Justice Scalia
- What it’s about
- Calvin Smith argued that the government had to prove he remained in a conspiracy during the period when charges could still be brought, rather than require him to prove he had withdrawn.
- Who it affects
- Defendants who claim they withdrew from a federal conspiracy must prove it; prosecutors do not bear that burden.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled that a defendant must prove withdrawal and agreed with the D.C. Circuit.
Smith's case asked who must prove withdrawal when a conspiracy charge falls within the time limit for bringing charges.
Question presented
Does withdrawing from a conspiracy prior to the statute of limitations period put the burden of persuasion on the government to prove beyond a reasonable doubt that the accused was a member of the conspiracy during the relevant period?
What the Court decided
Holding
A defendant bears the burden of proving a defense of withdrawal. 651 F. 3d 30, affirmed.
- Result
- Affirmed
The Court's reasoning
The Court treated withdrawal as an affirmative defense—a defense the defendant must prove—so the burden fell on Smith.
The vote
What's next
The D.C. Circuit's decision remains in place. Courts must apply this burden when defendants raise a withdrawal defense in conspiracy cases.
Documents
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Docket activity
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AI analysis generated: Impact Analysis
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Audio Recording added: Oral Arguments - Calvin Smith v. United States
Opinion added: Opinion
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.