Summary
In Raygosa-Esparza, the Ninth Circuit affirmed a district court's finding that the evidence supported the substantial step element for the crime of attempt when the Defendant sought out another person, offered to pay him in exchange for smuggling a specific variety of drugs into the prison, questioned the individual about his timetable for completing the transaction, and whether the accomplice was still willing to go through with the scheme. Id. at 904.
Summary of this case from United States v. NewberryOpinion
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Richard P. Blumberg, Lynn D. Weir, Webster Mrak & Blumberg, Seattle, WA, for Plaintiff-Appellee.
Scott McKay, Nevin, Herzfeld, Benjamin & McKay, Craig L. Meadows, Hawley, Troxell, Ennis & Hawley, Boise, ID, Marc C. Rosenberg, Lee, Smart, Cook, Martin & Patterson, Seattle, WA, Richard N. Appel, Akin, Gump, Strauss, Hauer & Feld, Washington, DC, for Defendant-Appellant.
Before D.W. NELSON, THOMAS, Circuit Judges, and EZRA, District Judge.
ORDER
Plaintiff Classes' Motion to Dismiss Appeal as Moot is hereby DENIED.