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UNITED STATES v. CHRISTOPHER

No. 73-2101.

488 F.2d 849 (1973)

UNITED STATES of America, Appellee, v. Edgar CHRISTOPHER, Jr., and Tommy Gene Everidge, Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 12, 1973.

Attorney(s) appearing for the Case

Rubin Salter, Jr. (argued) of Kipps & Salter, Richard E. Bailey (argued), Tucson, Ariz., for appellants.

Wm. C. Smitherman, U. S. Atty., Daniel G. Knauss, Gerald S. Frank, Asst. U.S. Attys. (argued), Tucson, Ariz., for appellee.

Before ALDRICH, ELY and CHOY, Circuit Judges.

OPINION

ELY, Circuit Judge:

Appellants Christopher and Everidge were convicted by a jury of knowing possession of heroin with the intent to distribute it and of the intentional distribution of the drug in violation of 21 U.S.C. § 841(a) (1). The convictions were based on three separate sales of heroin to a government narcotics agent. Both appellants now appeal on the ground that the District Court erred in refusing to instruct the jury on the defense...

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