The following excerpt is from U.S. v. Vega, 81 F.3d 171 (9th Cir. 1996):
The elements of attempt to possess cocaine with the intent to distribute that the government must prove are "1) culpable intent, and 2) conduct constituting a substantial step toward the commission of the crime." United States v. Harper, 33 F.3d 1143, 1147 (9th Cir.1994), cert. denied, 115 S.Ct. 917 (1995). Although the district court did not include certain language that the defendants requested, the instruction given clearly set forth both elements of the crime and therefore was not erroneous. Compare United States v. Taylor, 716 F.2d 701, 711-12 (9th Cir.1983) (reversing conviction where jury instruction on attempt did not include substantial step requirement).
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