United States v. Rashan, 328 F.3d 160 (4th Cir. 2003) (rejecting argument that a conviction for both marriage fraud and conspiracy to commit marriage fraud violates Wharton's rule, that "it was improper for the government to prosecute him for both conspiracy to commit marriage fraud under 18 U.S.C. 371 and the substantive offense of marriage fraud under 8 U.S.C. 1325(c) because such prosecution violates the judicially devised doctrine called Wharton's Rule. Under Wharton's Rule, "[a]n agreement by two persons to commit a particular crime cannot be prosecuted as a conspiracy when the crime is of such a nature as to necessarily require the participation of two persons for its commission." Iannelli v. United States, 420 U.S. 770, 774 n. 5, 95 S.Ct. 1284, 43 L.Ed.2d 616 (1975) (quoting 1 R. Anderson, Wharton's Criminal Law and Procedure 89 p. 191 (1957)).").

jurisdiction: 
Fourth Circuit

 

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