Whether it was possible for Petitioner to be convicted of aiding and abetting a drug conspiracy in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2 when the evidence at trial demonstrated that the only actions or omissions by Petitioner occurred after the conspiracy had been formed and the § 846 offense was already complete?

In United States v. Shabani , 513 U.S. 10, 15, 115 S.Ct. 382 (1994), this Court held that an overt act is not an element of a conspiracy offense charged under 21 U.S.C. § 846. Accordingly, the lower courts have held that the § 846 offense is complete when the conspirators , acting with the requisite intent, reach their illicit agreement to violate the federal drug laws . At common law, and as generally applied in relation to aiding and abetting theories advanced in accordance with 18 U.S.C. § 2, a defendant cannot be convicted for aiding and abetting an offense on t he basis of actions taken after the criminal offense is complete. The question presented is as follows: Whether it was possible for Petitioner to be convicted of aiding and abetting a drug conspiracy in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2 when the evidence at trial demonstrated that the only actions or omissions by Petitioner occurred after the conspiracy had been formed and the § 846 offense was already complete? ii II.