Legal Opinion

United States v. Martin Molina Oviedo, Jr.

Court of Appeals for the Fifth Circuit

Decided January 12, 1976No. 75--1899PublishedCited by 140 opinions

1Opinion of the Court

DYER, Circuit Judge.

Oviedo appeals from a judgment of conviction for the attempted distribution of heroin, in violation of 21 U.S.C.A. § 846. 1 Oviedo contends that under the facts of this case, he is not guilty of any criminal offense. We agree and reverse.

Oviedo was contacted by an undercover agent, who desired to purchase narcotics. Arrangements were made for the sale of one pound of heroin. The agent met Oviedo at the appointed time and place. Oviedo transferred the substance to the agent, and asked for his money in return. However, the agent informed Oviedo that he would first have to…

2Cases cited25 opinions

  1. Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
  2. United States v. Philip Berrigan, in No. 72-1938, and Elizabeth McAlister Appeal of Elizabeth McAlister InCourt of Appeals for the Third Circuit · 1973
  3. United States v. Roy MandujanoCourt of Appeals for the Fifth Circuit · 1974
  4. United States v. HoffaCourt of Appeals for the Sixth Circuit · 1965
  5. United States v. Salvatore AnnunziatoCourt of Appeals for the Second Circuit · 1961

20 more not listed; retrieve them via the Exa API.

3Cited by140 opinions

  1. United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981
  2. United States v. Gordon PennellCourt of Appeals for the Sixth Circuit · 1984
  3. United States v. John Bagnariol, United States of America v. Gordon L. Walgren, United States of America v. Patrick GallagherCourt of Appeals for the Ninth Circuit · 1981
  4. United States v. David Manley and Fluer WilliamsCourt of Appeals for the Second Circuit · 1980
  5. United States v. MyersCourt of Appeals for the Second Circuit · 1982

135 more not listed; retrieve them via the Exa API.

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