United States v. Abel v. Quijada

Appellant Abel Y. Quijada was convicted of attempt to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. This appeal presents an issue of first impression in this circuit: Whether an individual may be convicted of an attempt to distribute cocaine when the substance he offers to sell is a noncontrolled substance rather than cocaine. Under the circumstances of this case, we conclude that he may. We, therefore, affirm.

Appellant and one James Lewis, an informant for the Drug Enforcement Administration, negotiated the sale and delivery of eight ounces of “snow.” The discussions took place over a three-day period during which the two men met three times and spoke on the telephone once. Appellant indicated several times that he had the “stuff” and delivered a sample of the substance to Lewis at their second meeting. When Lewis introduced appellant to Jim Stevenson, an undercover agent for the Arizona Department of Public Safety, appellant again said that he had the “stuff.” At the time of the sale, Stevenson performed a common chemical field test on the substance which indicated that it was cocaine.

Appellant was arrested and charged with distribution of cocaine. A…