United States v. Joyce — 693 F.2d 838 (1982) · United States Court of Appeals for the Eighth Circuit · 1982

United States Court of Appeals for the Eighth Circuit · 1982-12-03

21usc846: author: Astra4 · not independently reviewed

Original case on neochart.com

Case and law context

21 U.S.C. § 846

Role: applied; posture: Sufficiency appeal from attempted possession conviction; result: claimant-lost; claim:

Uncertainty

None recorded

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.

Claimant outcome refers to the prosecuting government, not the defendant-appellant; remanded and mixed retain unresolved or split dispositions.

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 8

21 U.S.C. § 846
CaseIdentified offense in Subchapter IAgreement of two or more persons to the unlawful objectKnowledge of the unlawful agreement and objectiveKnowing and voluntary participation in the agreementWithdrawal before the applicable limitations periodIntent to commit the identified object offense
United States v. Joyce — 693 F.2d 838 (1982) · United States Court of Appeals for the Eighth Circuit · 1982 (21usc846: author: Astra4 · not independently reviewed)· not addressed· not addressed· not addressed· not addressed· not addressed
○ not reached · basis not recordedNot counted: applied/hypothetical

Elements 7–8 of 8

21 U.S.C. § 846
CaseConduct beyond preparation strongly corroborating intentObject-offense penalty incorporation
United States v. Joyce — 693 F.2d 838 (1982) · United States Court of Appeals for the Eighth Circuit · 1982 (21usc846: author: Astra4 · not independently reviewed)· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
United States v. Joyce — 693 F.2d 838 (1982) · United States Court of Appeals for the Eighth Circuit · 1982 — not reached (21usc846: author: Astra4 · not independently reviewed)Intent to commit the identified object offensenot_reached
Excluded from merits counts
applied / hypothetical

The court assumes intent arguendo rather than affirming a separate positive intent finding.
Unspecified route
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.
Source: docroot/ir/caselaw/f2d_693.jsonl#/f2d/693/0838-01; Unicode character offsets [7852:8161] (end exclusive); SHA-256 3430ab5d97a721f9ac9ce0d38b95c42a81d17b4dd22ffc420b9317df2813c32e.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Joyce — 693 F.2d 838 (1982) · United States Court of Appeals for the Eighth Circuit · 1982 — not · no-evidence (21usc846: author: Astra4 · not independently reviewed)Conduct beyond preparation strongly corroborating intentnot
Counted merits instance
applied / merits

basis: no-evidence

The government’s evidence did not pass preparation on this record. Withdrawal before the step is not a universal defense after a completed attempt.
preparation/refused-money-and-returned-package
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.
Source: docroot/ir/caselaw/f2d_693.jsonl#/f2d/693/0838-01; Unicode character offsets [10864:11104] (end exclusive); SHA-256 3430ab5d97a721f9ac9ce0d38b95c42a81d17b4dd22ffc420b9317df2813c32e.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
Source: docroot/ir/caselaw/f2d_693.jsonl#/f2d/693/0838-01; Unicode character offsets [11105:11425] (end exclusive); SHA-256 3430ab5d97a721f9ac9ce0d38b95c42a81d17b4dd22ffc420b9317df2813c32e.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
Source: docroot/ir/caselaw/f2d_693.jsonl#/f2d/693/0838-01; Unicode character offsets [8162:8322] (end exclusive); SHA-256 3430ab5d97a721f9ac9ce0d38b95c42a81d17b4dd22ffc420b9317df2813c32e.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case

interpretation

the requisite elements of attempt are (1) an intent to engage in criminal conduct, and (2) conduct constituting a “substantial step” towards the commission of the substantive offense which strongly corroborates the actor’s criminal intent.

United States v. Joyce — 693 F.2d 838 (1982) · United States Court of Appeals for the Eighth Circuit · 1982 (21usc846: author: Astra4 · not independently reviewed)

the requisite elements of attempt are (1) an intent to engage in criminal conduct, and (2) conduct constituting a “substantial step” towards the commission of the substantive offense which strongly corroborates the actor’s criminal intent.
Source: docroot/ir/caselaw/f2d_693.jsonl#/f2d/693/0838-01; Unicode character offsets [6023:6262] (end exclusive); SHA-256 3430ab5d97a721f9ac9ce0d38b95c42a81d17b4dd22ffc420b9317df2813c32e.

Judicial interpretation supplies the attempt test missing from enacted text. Intent must target the particular object, including intent to distribute where that is the object; awareness that a transaction might occur is insufficient.