United States v. Philip H. Garrett, United States of America v. Timothy M. McNamara

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the listed proceedings in § 3161(h)(1)(A)-(J) are \merely illustrative and not intended to be exhaustive\
• explaining that withdrawal for aiding and abetting purposes mirrors withdrawal in the context of conspiracy, and “to establish an effective withdrawal [from a conspiracy], the defendant must show that he took affirmative action to defeat or disavow the purpose of the conspiracy.”
• rejecting withdrawal defense and observing that the defendant “confuses abandonment of criminal purpose with the mere fact that his role in the criminal venture, the success of which he always intended, had come to an end”
• “[T]o establish an effective withdrawal, the defendant must show that he took affirmative action to defeat or disavow the purpose of the conspiracy.”
• “It is well settled that in reviewing the decision of a lower court, that decision must be affirmed if the result is correct although the lower court relied upon a wrong ground or gave a wrong reason.” (internal quotation marks and alterations omitted)

Source: CourtListener parenthetical corpus (CC0).