What is the test for a drug dealer convicted of possession of cocaine with intent to manufacture, distribute and manufacture a controlled substance?

MultiRegion, United States of America

The following excerpt is from U.S. v. Cain, 130 F.3d 381 (9th Cir. 1997):

The statute under which Cain was convicted states that "it shall be unlawful for any person knowingly or intentionally [ ] to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance." 21 U.S.C. 841(a)(1). We have interpreted this statutory offense as having three elements: "[t]he government must prove beyond a reasonable doubt that the defendant (1) knowingly, (2) possessed the cocaine, (3) with an intent to distribute it." United States v. Ocampo, 937 F.2d 485, 488 (9th Cir.1991). Often, as here, the three are combined into two elements: knowing possession and with intent to distribute.

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