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Criminal Law keyed to Dripps
United States v. Oviedo
Facts
An undercover narcotics agent contacted Oviedo (Defendant) to purchase heroin at a predetermined place and time. After Defendant handed over the substance to the agent, a field test was performed on it with a positive result. Defendant was then arrested. After his arrest, a search warrant was issued for Defendant’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. Defendant was charged with attempted distribution of heroin in violation of 21 U.S.C.A. § 846. At trial, Defendant 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 Defendant and convicted him. Defendant appealed.
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