What steps have been taken by a defendant in a possession with intent to distribute cocaine?

MultiRegion, United States of America

The following excerpt is from U.S. v. Yossunthorn, 167 F.3d 1267 (9th Cir. 1998):

United States v. Smith, 962 F.2d 923 (9th Cir.1992), is instructive. In Smith, we found a substantial step toward possession with intent to distribute cocaine where the defendant arrived at a house where cocaine was picked up by the codefendants, drove off later in another car, and circled the parking lot of the restaurant where the cocaine deal was scheduled to take place before parking there with a shotgun in his lap to fill the role of " 'the heavy in the background.' " Id. at 926. In upholding the conviction, we stated that

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