United States Court of Appeals, Fifth Circuit
499 F.2d 370 (1974)
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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