United States v. Oviedo
United States Court of Appeals for the Fifth Circuit
525 F.2d 881 (1976)
An undercover narcotics agent contacted Oviedo (defendant) to purchase heroin at a predetermined place and time. After Oviedo handed over the substance to the agent, a field test was performed on it with a positive result. Oviedo was then arrested. After his arrest, a search warrant was issued for Oviedo’s house where agents found two additional pounds of the substance hidden in a television set. Thereafter, chemical analysis performed on the substance revealed that it was not heroin, but in fact procaine hydrochloride, an uncontrolled substance. Oviedo was charged with attempted distribution of heroin in violation of 21 U.S.C.A. § 846. At trial, Oviedo testified that he was aware that the substance was not heroin and was simply trying to “rip off” the agent in an effort to make a few thousand dollars. The jury, however, did not believe Oviedo and convicted him. Oviedo appealed.
Rule of Law
Holding and Reasoning (Dyer, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.