United States v. Goff

The exhaustive review of the law of attempts by the Court of Appeals in United States v. Mandujano, 499 F.2d 370 (5th Cir. 1974), convinces me that our decision in United States v. Williams, 4 M.J. 507 (A.C.M.R.1977), to the effect that “one cannot personally attempt to transfer drugs he does not possess” was in error. I agree with Judge Mitchell that this appellant’s conduct could, and in fact did, amount to an attempt.