United States v. Oviedo

525 F.2d 881 (1976) United States Court of Appeals for the Fifth Circuit 1976-01-12

Appeal from attempted distribution conviction (result: claimant-lost)

Facts

  1. 5 Intent to commit the identified object offense satisfied proved
    We thus take as fact Oviedo’s belief that the substance was heroin.
  2. 5 Intent to commit the identified object offense satisfied proved
    Oviedo sold a substance he thought to be heroin, which in reality was an uncontrolled substance.
  3. 6 Conduct beyond preparation strongly corroborating intent not no-evidence
    Oviedo sold a substance he thought to be heroin, which in reality was an uncontrolled substance.
  4. 6 Conduct beyond preparation strongly corroborating intent not no-evidence
    First, Oviedo told the agent that the substance he was selling was heroin, and second, portions of the substance were concealed in a television set.
  5. 6 Conduct beyond preparation strongly corroborating intent not no-evidence
    We cannot conclude that the objective acts of Oviedo apart from any indirect evidence of intent mark his conduct as criminal in nature.