United States v. James
United States Court of Appeals for the Fifth Circuit
528 F.2d 999 (1976)
Wayne James and other members of the Republic of New Africa (defendants) held militia-style drills with readily accessible weapons at a building they called the capitol, and an FBI undercover investigation revealed the group's plans to attack Mississippi's National Guard and seize territory to establish a separate nation. When federal and local law enforcement surrounded the capitol, a shootout erupted in which one officer was killed and two were wounded, and the group worked together in unison to arm themselves and take defensive positions. The defendants, including a visitor named Lockhart who was more a sympathizer than a member, were convicted of conspiracy and related firearms charges and appealed, arguing insufficient evidence of an agreement to assault law enforcement.
Whether a conspiracy to assault law enforcement officers may be proven through circumstantial evidence of coordinated group conduct during a standoff, without proof that each individual defendant expressly agreed with every other member or knew the conspiracy's full scope.