United States v. Yossunthorn
United States Court of Appeals for the Ninth Circuit
167 F.3d 1267 (1999)
After a heroin supplier was arrested and agreed to cooperate, he called Paiboon Mekvichitsang (codefendant), a regular distribution-quantity buyer, about a new heroin shipment, and the two agreed to meet at a McDonald's to discuss whether Mekvichitsang wanted to buy some, and if so how much, at what price, and on what delivery terms. Before the meeting, Mekvichitsang and his assistant Sunthorn Yossunthorn (codefendant) staked out the restaurant to check its security, and federal agents arrested both shortly after. Both were convicted of conspiracy and attempted possession with intent to distribute heroin, and Mekvichitsang appealed, arguing his conduct did not constitute a substantial step toward acquiring the heroin.
Whether the making of incomplete arrangements for an intended crime is enough to sustain a conviction for the attempted commission of that crime.