The following excerpt is from United States v. Sablan, 1:08-CR-00259-PMP (E.D. Cal. 2014):
"The defense of intoxication, even if that intoxication was voluntary, [is] a valid defense to the mens rea of specific intent." United States v. Martinez-Martinez, 369 F.3d 1076, 1083 (9th Cir. 2004). Where "an accused has offered evidence to raise the issue, his
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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." United States v. Echeverry, 759 F.2d 1451, 1454 (9th Cir. 1985). However, "proof of intoxication, in and of itself, does not excuse commission of a specific intent crime." Id. at 1455.
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