What are the elements of the federal crime of attempted possession with intent to distribute and the state crime of purchasing cocaine base for purposes of sale?

MultiRegion, United States of America

The following excerpt is from U.S. v. Morales-Perez, 467 F.3d 1219 (9th Cir. 2006):

By comparing the elements of these two crimes it becomes clear that the federal crime of attempted possession with intent to distribute encompasses the state-defined crime of purchasing cocaine base for purposes of sale. The ability to prove that a defendant has (1) made a completed purchase of cocaine base and (2) had the specific intent to sell that cocaine base is more than sufficient to prove that the defendant intended to possess cocaine base with intent to distribute. Cf. United States v. Yossunthorn, 167 F.3d 1267, 1269-70 (9th Cir.1999) (stating that there was sufficient evidence to prove that the defendant intended to possess heroin with intent to distribute when he "expressed interest in purchasing [heroin]" and the defendant conducted countersurveillance of the prearranged meeting location in order to detect law enforcement).

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