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A defendant cannot be criminally liable for conspiring with a government informant

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Garner, Appeal No. 17-1181 (Feb. 8, 2019), https://www2.ca3.uscourts.gov/opinarch/171181p.pdf, the Third Circuit found sufficient evidence to affirm Garner?s convictions for conspiracy to commit armed bank robber, attempted bank robbery, and possession of a firearm in furtherance of a crime of violence. Garner had planned to rob a bank, but the person he asked to help him was an FBI informant who immediately told the FBI about Garner?s offer. Garner was arrested while the robbery was still being planned. Most of the short opinion reiterated settled law and analysis: (1) sufficiency of the evidence is reviewed in the light most favorable to the government; (2) the informant?s surveillance of a bank and three men?s detailed discussion to plan to rob it after that were sufficient to establish conspiracy even if the final details still had to be set; and (3) a defendant may commit an attempt even where he stops short of ?the last act necessary? for the actual commission of the crime...continue to full post

Full post as published by Third Circuit Blog on February 10, 2019 (boomark / email).