Source: cases/21usc846/f2d-693-838-joyce.case
Case source: https://www.neochart.com/catalog/cases/f2d/volume_693/0838_01/index.html
With this in mind, we conclude that even assuming Joyce went to St. Louis intending to purchase cocaine, there was clearly insufficient evidence to establish that he engaged in conduct constituting a “substantial step” toward the commission of the crime of possession of cocaine with the intent to distribute.
Whatever intention Joyce had to procure cocaine was abandoned prior to the commission of a necessary and substantial step to effectuate the purchase of cocaine.
casedsl 1 case /f2d/693/0838-01 name United States v. Joyce cite 693 F.2d 838 (1982) court United States Court of Appeals for the Eighth Circuit date 1982-12-03 url catalog/cases/f2d/volume_693/0838_01/index.html source ir/caselaw/f2d_693.jsonl sha1=66f07aa77c1dda545c012ee741d349e0a7f551ba chars=19456 law 21usc846 role applied posture Sufficiency appeal from attempted possession conviction result claimant-lost element attempt-intent : not-reached scope hypothetical held @7852..8161 | With this in mind, we conclude that even assuming Joyce went to St. Louis intending to purchase cocaine, there was clearly insufficient evidence to establish that he engaged in conduct constituting a “substantial step” toward the commission of the crime of possession of cocaine with the intent to distribute. gloss The court assumes intent arguendo rather than affirming a separate positive intent finding. element substantial-step : not-satisfied [no-evidence] scope merits variant preparation/refused-money-and-returned-package fact @10864..11104 [cuts-against] | While Joyce professed a desire to purchase cocaine during his preliminary discussions with Jones, Joyce never attempted to carry through with that desire by producing the money necessary to purchase and hence ultimately possess the cocaine. fact @11105..11425 [cuts-against] | And, although Jones gave Joyce the sealed and wrapped package said to contain a kilogram of cocaine, Joyce did not open the package but immediately returned the package to Jones who in turn refused to open the package because Joyce refused to produce the money necessary to effectuate the purchase of a pound of cocaine. held @8162..8322 | Whatever intention Joyce had to procure cocaine was abandoned prior to the commission of a necessary and substantial step to effectuate the purchase of cocaine. gloss The government’s evidence did not pass preparation on this record. Withdrawal before the step is not a universal defense after a completed attempt. misfit The intent question is assumed, while conduct is decided. The quoted discussion of abandonment is tied to absence of a sufficient step, not a freestanding renunciation defense. misfit Claimant outcome refers to the prosecuting government, not the defendant-appellant; remanded and mixed retain unresolved or split dispositions.