UNITED STATES v. BARNETT

No. 71-2210.

468 F.2d 1153 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Rene Delgado BARNETT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 8, 1972.


Attorney(s) appearing for the Case

Rubin Salter, Jr. (argued), Tucson, Ariz., for defendant-appellant.

James Whitney, Asst. U. S. Atty. (argued), Richard K. Burke, U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before DUNIWAY and ELY, Circuit Judges, and BYRNE, District Judge.


ELY, Circuit Judge:

Barnett was convicted, by a jury, of having twice participated in sales of illegally imported heroin, both acts being violations of 21 U.S.C. § 174. He now appeals, raising several possible grounds for reversal. We need consider only one, however, for he correctly argues that the evidence was insufficient to support his conviction on either count. On that basis, we reverse.

The first sale Barnett was convicted of having participated...

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