9.22 Controlled Substance-Attempted Distribution to Person Under 21 Years is a criminal offense that occurs when an individual attempts to sell, deliver, or distribute a controlled substance to someone under the age of 21. Types of controlled substances that can be involved in this crime include marijuana, cocaine, heroin, methamphetamine, and other drugs classified as Schedule I or Schedule II substances. This crime can result in serious penalties, including fines, jail time, and a criminal record. Depending on the state, the penalties for this crime can be more severe if the person under 21 is a minor or if the controlled substance is a large amount.
9.22 Controlled Substance-Attempted Distribution to Person Under 21 Years
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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Requirements of Duress The party is in immediate threat of serious bodily harm or death. The threat made to the victim must be constant.The party believes that the perpetrator of the act will carry out the threat.There is no opportunity to escape safely, except by committing the unlawful act.
There are three elements of the duress defense: (1) an immediate threat of death or serious bodily injury, (2) a well-grounded fear that the threat will be carried out, and (3) no reasonable opportunity to escape the threatened harm. United States v. Shapiro, 669 F. 2d 593, 596 (9th Cir.
The Elements of Duress A reasonable fear of imminent death or serious bodily harm. Through the words or actions of another person. With no reasonable opportunity to escape the threat. Through no fault of the defendant.
3d 682, 683 (9th Cir. 1993). "In order to be entitled to an instruction on duress or necessity as a defense to the crime charged, an escapee must first offer evidence justifying his continued absence from custody as well as his initial departure." United States v. Bailey, 444 U.S. 394, 408 (1980).
To show constructive possession, the government must prove a connection between the defendant and the firearm or ammunition sufficient "to support the inference that the defendant exercised dominion and control over" it. United States v. Carrasco, 257 F. 3d 1045, 1049 (9th Cir.
Thompson, 63 M.J. 228 (the defense of duress applies when the accused has a (1) reasonable apprehension that (2) the accused or another innocent person would (3) immediately suffer death or serious bodily injury if the accused did not commit the act; a reasonable apprehension does not exist if the accused has any
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9.22 CONTROLLED SUBSTANCE—ATTEMPTED DISTRIBUTION TO PERSON UNDER 21 YEARS (21 U.S.C. §§ 841(a)(1), 846 and 859). Statutory maximum generally is 20 years.(a) Any person who is 21 years of age or over and who violates § 48-904.