United States v. Oviedo

525 F.2d 881 (1976)

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United States v. Oviedo

United States Court of Appeals for the Fifth Circuit
525 F.2d 881 (1976)

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Facts

Martin Oviedo, Jr. (defendant) sold an undercover agent a substance that Oviedo claimed was heroin. A field test indicated that the substance was heroin. Oviedo was arrested. After obtaining a search warrant, government agents found a similar substance hidden in a television in Oviedo’s home. However, further analysis revealed that neither substance was heroin and that both were procaine hydrochloride, an uncontrolled substance. Oviedo with charged in federal court with the crime of attempting to distribute heroin. At trial, Oviedo testified that he knew the substance was not heroin and that he intentionally sold the procaine to the undercover agent to make a quick profit. The jury found that Oviedo had believed the substance was heroin, and it convicted him of attempting to distribute heroin. Oviedo appealed.

Rule of Law

Issue

Holding and Reasoning (Dyer, J.)

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