United States v. Oviedo

525 F.2d 881 (5th Cir. 1976)

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Nature of the Case

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Facts

D was contacted by an undercover agent, who wanted to purchase narcotics. A deal was made for the sale of one pound of heroin. The agent met with D and D transferred the substance to the agent and asked for his money in return. The agent wanted to test the substance. A field test was performed with a positive result. D was arrested. In the search of D's house, two pounds of a similar substance was found hidden in a television set. The substances were not heroin, but rather procaine hydrochloride, an uncontrolled substance. Procaine hydrochloride was capable of giving a positive reaction to the field test for heroin. D was charged with an attempt to distribute heroin. D took the stand and freely admitted merely attempting to 'rip off' the agent. The court instructed the jury that they could find D guilty of attempted distribution if he delivered the substance thinking it to be heroin. D was found guilty. D appealed.