United States v. Oviedo
525 F.2d 881 (5th Cir. 1976).
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
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.
Issues
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Holding & Decision
The court's holding and decision will be displayed here.
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