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UNITED STATES v. MARKEN

No. 71-1048.

457 F.2d 186 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Lawrence Elliot MARKEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 6, 1972.

Attorney(s) appearing for the Case

J. Kent Steele (argued), of Miller, Glassman & Browning, Beverly Hills, Cal., for defendant-appellant.

David Curnow, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., David R. Nissen, Asst. U. S. Atty. & Chief, Crim. Div., Los Angeles, Cal., for plaintiff-appellee.

Before KOELSCH, DUNIWAY and CHOY, Circuit Judges.

DUNIWAY, Circuit Judge:

Marken was convicted under two counts of an indictment. One count charged conspiracy to violate 26 U.S.C. § 4705(a); the other charged a sale of cocaine in violation of that section. We reverse.

1. When must the order required by § 4705(a) be obtained?

There was but one transaction. Marken negotiated a sale of cocaine to undercover agents. It was agreed that the agents were to go with Marken to a "drop site...

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