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Indicment for Conspiracy Must Define Elements of Underlying Offense

By Jonathan Byrne

US v. Kingrea: This case arose from a raid on a cockfighting venue in Virginia. Kingrea was there as a vendor of equipment and materials used in the fighting, but did not have an animal involved in the fighting. He was charged with conspiracy to sponsor or exhibit and animal fighting venture and illegal gambling business, conspiracy to sell animal fighting equipment, aiding and abetting the animal fighting operation, and conducing an illegal gambling business. The district court dismissed the substantive animal fighting operation count, but Kingrea was convicted on the other three counts and sentenced to six months in prison and six months of home confinement.On appeal, the Fourth Circuit reversed Kingrea's conviction on the conspiracy count, while affirming on the other two...continue to full post

Full post as published by Fourth Circuit Blog on June 03, 2009 (boomark / email).