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Varying Declarations Of Interdependence: The Tenth Circuit's Inconsistent Analysis Of Criminal Conspiracy, Jeff Van Der Veer

University of Colorado Law Review

The Tenth Circuit distinguishes itself from its sister circuits by requiring the prosecution to prove a unique element in all federal criminal conspiracy cases: interdependence. Taken literally, interdependence exists when each conspirator relies on his fellow conspirators to achieve their collective criminal goal. While the Tenth Circuit may have enforced this literal definition in the past, it has since announced varying definitions that have relaxed the standard, thus creating an imprecise and confusing area of case law. This unfortunate evolution has transformed what was once a unique requirement into little more than a formality. The Tenth Circuit should return to …