U.S. v Oviedo
U.S. Ct. App 1976
Author:- Sam Biers

Facts: Df was contacted by an undercover agent to purchase one pound of heroin.  Oviedo met the agent and transferred the heroin. DF then asked for his money, and the agent stated he would have to test the substance first.  Df was then arrested.  A later test proved the substance was not heroin, but a legal product.

Issue: Whether the evidence supports a finding that Df was guilty of attempt to distribute heroin when there was no actual heroin?

Holding: No

Procedure: Jury trial conviction. Reversed

Rule: For guilt of criminal attempt, the acts performed, without any reliance on the intent, mark the df’s conduct as criminal.  The act should be unique. 

Ct Rationale: Oviedo told the agent that the substance was heroin, and portions of the substance were concealed in the TV.  Until there was the actual delivery of the heroin, or rather the presence of heroin, criminal attempt could not result.  Acts by Oviedo apart from evidence of his intent do not mark his conduct as criminal in nature.

PL A: Df concealed and sold the substance as though it were heroin.

Def A: The substance was a legal substance and the agent performed a test showing it to be heroin. It was not heroin.

Ambivalent - simultaneous of two desires.

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