The following excerpt is from U.S. v. Echeverry, 759 F.2d 1451 (9th Cir. 1985):
We follow the rule that, in a prosecution for a specific intent crime, intoxication (although voluntary) that precludes formation of the requisite intent may be established as a defense. United States v. Hartfield, 513 F.2d 254, 259 (9th Cir.1975). Where, as here, an accused has offered evidence to raise the issue, his capacity to form specific intent at the time of the offense becomes an element which, like all other elements of the crime, must be proved by the government beyond a reasonable doubt.
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