State v. Pacheco
Supreme Court of Washington
882 P.2d 183 (1994)
Herbert Pacheco (defendant), a deputy sheriff, boasted to a coworker, Dillon, about performing criminal "hits"; Dillon reported this to the FBI and, working with law enforcement, arranged deals in which Pacheco agreed to provide armed protection during a staged drug transaction and later agreed to murder a supposed buyer who Dillon claimed had cheated him. Pacheco went to the meeting spot with a loaded gun intending to shoot the target but was arrested before carrying it out. A jury acquitted Pacheco of attempted murder but convicted him of conspiracy to commit murder and two counts of conspiracy to deliver a controlled substance; he appealed, arguing no genuine bilateral agreement existed since Dillon was working with law enforcement throughout.
Whether, under a bilateral approach, a conspiracy exists if there is no actual agreement to commit a crime between the defendant and at least one other person.