Conspiracy Case Study
Whether the defendant's sentence for conspiracy was properly calculated based on the scope of the conspiracy.
The court reduced the sentence, finding that the trial court had improperly attributed to the defendant the full scope of the conspiracy — including acts committed by co-conspirators that were not reasonably foreseeable to the defendant. The court held that a defendant's sentence for conspiracy should be based on the conduct that was reasonably foreseeable to that defendant, not the full scope of the conspiracy.
In multi-defendant conspiracy cases, the scope of the conspiracy attributed to each defendant can dramatically affect the sentence. D.J. Rivera argues for a narrow scope of conspiracy for each client — limiting the client's exposure to the acts of co-conspirators that were not reasonably foreseeable.
This case involves § 18.2-22 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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