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A. Statute. It is a federal crime "if two or more persons conspire . . .The essence of conspiracy is an agreement of two or more persons to engage in some form of prohibited conduct. 00 for a felony offense. Once a person becomes a member of a conspiracy, that person remains a member until that person withdraws from it. United States Supreme Court case which clarified the burden of proof and reinforced the evidence necessary to establish withdrawal from a conspiracy. I. Conspiracy is a completed crime upon agreement or, when statutorily required, upon agreement and the commission of an overt act. (a) Definition of conspiracy. Osthoff was excused until a.m. Anderson, B., was excused until p.m.