Can someone check my work? Any thoughts or changes that I should make?

This is what I was to do-

Review the elements of all the inchoate crimes.Next, read the fact pattern and answer, in detail,the questions that follow.

You must use caselaw in support of your answer and postings to fellow students.Please post your word count at the end of your posting.

Facts:Diana Prince, a young police officer in Apache Junction, Arizona was assigned to pose as a drug dealing high school student in order to investigate drug trafficking at Central High School.As part of her assignment, she befriended Steve Trevor, who she believed was involved in selling drugs in school.

On January 11th, Diana told Steve, she could get him 100 pills of Happiness, a prescription anti-anxiety drug, for $500.Steve replied, "Awesome!"Steve then gave Diana $500 in cash. On January 15th, Diana gave Steve a bottle containing 100 Happiness pills.The FDA had changed the status of Happiness from a prescription drug to an over-the-counter medication on January 13th, but neither of them were aware of this change on January 15th.

On January 16th, Diana told Steve that if he gave her another $1000, she could get him one ounce of cocaine. Steve replied, "Cool-- I can resell it and make at least $500 in profit!"Steve gave Diana the cash the next day. On January 20th, Diana filled a plastic bag with pure talcum powder, gave this bag of fake "cocaine" to Steve, and said, "Here is the cocaine you ordered...have fun selling it!"

On January 21st, Diana told Steve she would obtain one pound of marijuana from her supplier if Steve could give her $2000. Diana explained that she would resell the marijuana to students for $3000, thereby making a $1000 profit, which she and Steve would split. Steve replied, "Count me in!"The next day, Steve gave Diana $2000 in cash and Diana used the cash to buy a pound of genuine marijuana from a local dealer. On January 25th, Diana showed Steve the marijuana she had purchased and promised to give him $2500 (his investment plus the $500 profit) by January 30th.When Steve replied, "Yeah, baby" Diana arrested him.Steve never touched the marijuana.

In Arizona, the following are crimes:

(1)knowing possession of cocaine

(2)knowing possession of cocaine with intent to sell

(3)knowing possession of marijuana

(4)knowing possession of marijuana with intent to sell

(5)knowing possession of a prescription drug without a valid prescription.

For purposes of the following questions, do not consider entrapment as a defense.

1. Did Steve a) commit, b) attempt to commit, or c) conspire to commit any of the above felonies between January 11thand January 15th?
2. Did Steve a) commit, b) attempt to commit, or c) conspire to commit any of the above felonies between January 16thand January 20th?
3. Did Steve a) commit, b) attempt to commit, or c) conspire to commit any of the above felonies between January 21stand January 25th?

MY ANSWER:

1.In between the days of January 11^thand January 15^thSteve would not have committed, attempted to commit, or conspired to commit knowing possession of a prescription drug without a valid prescription. This is because he would have been protected by the legal defense of legal impossibility. This defense is when someone believes that they are doing something illegally even though they are not. Steve would be protected by this because it is said in the facts that the FDA made it from a prescription drug to an over-the-counter medication on January 13^thwhich was two days prior to the "offense". This case makes me think of State V. Curtis in where a man shot a deer decoy thinking it was a real deal. However, in this case his charged were affirmed because it was a no hunting season and if it were to be a real deer, he would have committed a crime.

2.In between the days of January 16^thand January 20^thSteve would have attempted to commit knowing possession of cocaine and knowing possession of cocaine with intent to sell. This is because Steve completes each step that equals attempt. First, he took a step forward to complete the crime by buying the drug. Secondly, he had a specific intent or purpose to commit the crime because he said it himself that he can "resell it and make at least $500 in profit". Lastly, he had a failure to complete the crime, and this is because it was not cocaine in the bag it was actually talcum powder. I do not believe that Steve conspired to sell cocaine. This is because in order to call for conspiracy you must have an entering agreement and an overt act of furtherance of the agreement in which Steve and Diana did have.

3.In between the days of January 21^thand January 25^thSteve would not have attempted to commit knowing possession of marijuana, but he would have conspired to commit knowing possession of marijuana with the intent to sell. First off, Steve did not commit knowing possession because he never came within contact of the drug. Granted he was planning on buying it, but to charge him with knowing possession of marijuana would not work because he never came in contact with it and he ever possessed it. However, he would be charged with conspiracy of knowing possession of marijuana with intent to sell. As I said previously, in order to be charged with conspiracy you must have an entering agreement and an overt act of furtherance of agreement. In this case the entering agreement was when Diana explained that she would "resell the marijuana to students for $3000, thereby making a $1000 profit, which she and Steve would split". Then the over act of furtherance agreement was when Steve came back, and Diana promised him that she would give him 2,500 dollars so he would make a profit of 500 dollars. Once he agreed he was immediately arrested because he had conspired to commit knowing possession of marijuana with the intent to sell. This reminds me of the case of United States V. Garcia. Unlike Steve's case Garcia's was reversed because there was insufficient evidence and there was not proof that an agreement was made.