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Gang Sweep Results in 102 Arrests

In June, law enforcement authorities announced 102 arrests of alleged gang members in southeast Tennessee as part of a local, state and federal effort to halt gang activity in the region.

Officers seized weapons and charged defendants with crimes involving cocaine, crack cocaine and marijuana. Many of the defendants were also charged with conspiracy to sell and deliver Schedule II narcotics (which include amphetamines, cocaine and opium derivatives) and Schedule IV narcotics (which include prescription sedatives).

Legal experts say conspiracy charges are common for those accused by federal and state authorities of drug crimes. In some states, the Prosecutor need only prove that at least two people conspired to break the law. That conspiracy can consist of no more than conversation about a proposed crime.

In other jurisdictions, including federal jurisdiction and the state of Tennessee, the government — in addition to the agreement to commit a crime — needs to prove only that one or more persons committed a single act toward the commission of a crime. The crime does not need to be completed. Even if both people don’t actively participate in the execution of the crime, both can be charged — and often convicted — of conspiracy charges.

In federal jurisdiction if the crime in question is a felony, individuals convicted of conspiracy face five years in prison, according to the federal code. If the conspiracy involves a misdemeanor, the individuals convicted of conspiracy face sentences equal to those meted out for the crime itself, especially for drug offenses.

State law is similar to federal law on criminal conspiracy. Tennessee state law provides that conspirators need to do no more than to 1) have the required mental state to carry out the crime, 2) each act for the purpose of carrying out the crime, 3) “agree that one (1) or more of them will engage in conduct that constitutes the [crime],” and 4) at least one member of the conspiracy commit at least one actual or overt act toward the completion of the crime.

Legal experts say that people can be convicted of conspiracy charges even if the crime discussed is never actually carried out.