neochart v2 research

cases/21usc846/SELECTION.md

Source: cases/21usc846/SELECTION.md

Exact source text

# 21usc846: selection and source audit

The ten-case sample spans 1976–2019, the Supreme Court and several circuits, and covers both attempt and conspiracy. The prosecuting government is the claimant for result labels; the defendant-appellant is not automatically the claimant.

- Oviedo distinguishes accepted subjective belief from objectively equivocal conduct. Joyce assumes intent rather than affirming it, and finds no sufficient step. Neither becomes a universal factual-impossibility or post-attempt abandonment defense.
- Potter’s repeat purchases are accompanied by coordination and financing; no mechanical transaction-count rule is inferred. Mazzulla separately reaches sufficiency, so its narrative evidence is used rather than only its indictment or verdict description.
- Leal decides whether two deals were one conspiracy for double jeopardy; its negative shared-objective finding is not a conclusion that both prosecutions lack all agreement. The schema lacks a two-case identity relation.
- Buchanan uses corroboration in plain-error/prejudice review. The evidence is retained, but not counted as a fresh merits sufficiency finding.
- Hawkins actually rejects a sufficiency challenge on all admitted evidence while vacating for improper testimony. Its retrial-permitting conclusion has procedural scope, avoiding an unqualified final-guilt label.
- Galecki concerns analogue evidence access; McCloud concerns Guidelines relevant conduct after a plea. Those are not newly proved §846 agreement elements.
- Shabani is rule-announced only. Its conspiracy no-overt-act rule is not imported into attempt’s substantial-step requirement.

The relatively large procedural component is deliberate: these are substantive discussions about a cited offense that still must not become ordinary merits matches.

Final sample: 10 cases, 19 issue blocks, 8 qualifying instances, 34 exact quote occurrences.

Final quote-set SHA-256 (filename, kind, offsets, text; sorted JSON tuples): `a824609f4ed150a418d25ddacd2539fd92e9cfdf6b30df45c267a9543bea9421`.

The final wording comes directly from immutable IR slices. Fill/check completed before this fingerprint; subsequent handling preserves these quote tuples. Header source SHA-1/character pins identify the source records. Facts, relevant applications and dispositions were inspected; this is not a claim to have read every word or an opinion beyond its IR cap.

| File | Date | Court | Citation role | Result | Selected issues | Quotes |
| --- | --- | --- | --- | --- | --- | ---: |
| f2d-525-881-oviedo.case | 1976-01-12 | United States Court of Appeals for the Fifth Circuit | applied | claimant-lost | attempt-intent, substantial-step | 5 |
| f2d-693-838-joyce.case | 1982-12-03 | United States Court of Appeals for the Eighth Circuit | applied | claimant-lost | attempt-intent, substantial-step | 4 |
| f3d-921-951-leal.case | 2019-04-22 | United States Court of Appeals for the Tenth Circuit | applied | claimant-won | agreement, intentional-joinder | 3 |
| f3d-927-446-potter.case | 2019-06-11 | United States Court of Appeals for the Sixth Circuit | applied | claimant-won | agreement, knowledge, intentional-joinder | 6 |
| f3d-932-1091-mazzulla.case | 2019-08-02 | United States Court of Appeals for the Eighth Circuit | applied | claimant-won | object-offense, agreement | 5 |
| f3d-932-176-galecki.case | 2019-07-29 | United States Court of Appeals for the Fourth Circuit | background | remanded | object-offense | 2 |
| f3d-933-501-buchanan.case | 2019-07-31 | United States Court of Appeals for the Sixth Circuit | background | mixed | agreement | 3 |
| f3d-934-1251-hawkins.case | 2019-08-20 | United States Court of Appeals for the Eleventh Circuit | applied | remanded | agreement | 3 |
| f3d-935-527-mccloud.case | 2019-08-20 | United States Court of Appeals for the Sixth Circuit | background | claimant-won | penalty | 2 |
| us-513-10-shabani.case | 1994-11-01 | Supreme Court of the United States | rule-announced | remanded | agreement, knowledge, intentional-joinder, object-offense | 1 |

## Validation

`NEOV2_CORPUS=/path/to/neochartdocroot python3 neov2/tools/casedsl.py check neov2/cases/21usc846`

`NEOV2_CORPUS=/path/to/neochartdocroot python3 neov2/tools/casedsl.py variants neov2/cases/21usc846`

All files are CASE DSL v1. The loader independently verifies actual corpus sources and all LAW references. No source text or existing CASE corpus was changed. Author checks establish traceability and internal consistency; independent legal QA follows.