Whether, to comply with 18 U.S.C. § 3282(a) in a prosecution for a non-overt act conspiracy, the government bears the burden of proving to a jury that the conspiracy existed within the limitations period (as the First, Second, Third, Fifth, Sixth, and Ninth Circuits hold); or bears no burden beyond proving the elements of the non-overt-act conspiracy (as the Fourth Circuit, joining the Eleventh Circuit, held below).

Whether the government bears the burden of proving to a jury that a non-overt-act conspiracy existed within the limitations period