Leon Bearden v. United States

Two fundamental propositions peculiar to federal criminal law. should be kept in mind: “First, there are no common law offenses against the United States and therefore the only federal crimes are those explicitly prescribed by Congress. Second, criminal statutes must be strictly construed; ‘crimes do not arise by implication.’ ” 1 Moore’s Federal Practice, 2d ed., § 0.323 [5], p. 3734.

At common law an attempt to commit a felony is an indictable offense separate and distinct from the felony itself. 22 C.J.S. Criminal Law § 74. Some federal criminal statutes provide for the punishment of…