United States v. Oviedo
Appeal from attempted distribution conviction (result: claimant-lost)
Facts
- 5 Intent to commit the identified object offense satisfied proved
We thus take as fact Oviedo’s belief that the substance was heroin.
- 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.
- 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.
- 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.
- 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.