In U.S. v. Preacher, No. 10-10492 (Jan. 28, 2011), the Court held that an abandonment defense was not available for the offense of using a facility of interstate commerce with the intent that a murder for hire be committed.
Preacher used a cell phone to contact someone with the idea of hiring someone to commit murder. Preacher later got scared and “cancelled the deal.” Nevertheless, the offense of using a facility of interstate commerce was complete. The defense of abandonment therefore was not available to Preacher. The Court affirmed his conviction.
