Appellate Law

CA1: when intent becomes attempt

By S. COTUS

US v. Piesak, No. 07-2164 affirms a conviction for an attempt to manufacturer ecstasy.  The First describes the evidence as such she ?(1) acquired ingredients necessary to manufacture ecstacy; (2) researched, obtained, and actively studied ecstasy recipes; and (3) acquired, assembled and tested equipment used to manufacture ecstacy? By ?studied? the defendant was a pharmacy student who seems to have studied it quite rigorously.  ?Piesak was arrested during the search, and she ultimately acknowledged that she intended to manufacture ecstasy. She explained that she had tried the drug in November of 2005 and had enjoyed it so much that she wanted to make her own.?  So, the only dispute was whether she actually attempted to do it. 

The First rejects the argument that the seals on the chemicals were not open, but says it is a jury question as to whether she had gone ?far enough? in taking that substantial step beyond mere preparation. 

Full post as published by Appellate Law and Practice on March 26, 2008 (boomark / email).