United States v. Mandujano
United States Court of Appeals for the Fifth Circuit
499 F.2d 370 (1974), cert. denied, 419 U.S. 1114 (1975)
Alfonso Cavalier was a police officer working undercover as a narcotics trafficker. He met with Roy Mandujano (defendant) to obtain heroin. Mandujano told Cavalier that he had heroin available from a reliable source. Cavalier gave Mandujano money to purchase the drugs. Mandujano tried multiple times to locate the heroin source but was unsuccessful. The United States (plaintiff) charged Mandujano with attempted distribution of heroin. The jury found Mandujano guilty. Mandujano appealed, arguing that he could not be guilty of the crime because his actions amounted to preparation, not attempt.
Rule of Law
Holding and Reasoning (Rives, J.)
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