United States v. Preacher, 2011 U.S. App. LEXIS 1787

Preacher was convicted under 18 U.S.C. § 1958(a) for using a facility of interstate commerce with the intent that murder-for-hire be committed.
He solicited money and arranged a hit on his friend Ralph Burton after threatening him via voicemails.
David Moore acted as an FBI informant; Special Agent Gibbs interfaced as the hitman named Rico to simulate the plan.
Preacher provided $1,250 in cash and Burton photos, but canceled the deal after expressing fear of getting caught.
District court held abandonment is not a defense to a completed § 1958 offense and denied Preacher’s requested abandonment jury instruction.
A jury convicted Preacher; he appealed challenging abandonment as a defense and sufficiency of the abandonment evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Abandonment as a defense to § 1958	Preacher: abandonment is a defense when crime is not completed.	Preacher: abandonment negates completion and allows defense instruction.	Abandonment is not a defense to a completed § 1958 offense.
Whether the district court erred in denying the abandonment instruction	Preacher: jury should be instructed on abandonment.	Preacher: district court abused discretion by not instructing abandonment.	No abuse; abandonment not defense for completed crime, instruction proper to deny.
Sufficiency of abandonment evidence	Prosecution showed completed act with interstate facility and intent.	Defense argued some abandonment evidence existed at trial.	Evidence supports completion; no acquittal required.

United States v. Delpit, 94 F.3d 1134 (8th Cir. 1996) (offense complete once interstate facility used with required intent)
United States v. Westry, 524 F.3d 1198 (11th Cir. 2008) (abuse of jury-instruction denial reviewed de novo)
United States v. Thompson, 25 F.3d 1558 (11th Cir. 1994) (de novo review for defense availability under statute)