United States v. Joyce

693 F.2d 838 (1982) United States Court of Appeals for the Eighth Circuit 1982-12-03

Sufficiency appeal from attempted possession conviction (result: claimant-lost)

Facts

  1. 6 Conduct beyond preparation strongly corroborating intent not no-evidence
    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.
  2. 6 Conduct beyond preparation strongly corroborating intent not no-evidence
    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.
  3. 6 Conduct beyond preparation strongly corroborating intent not no-evidence
    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.