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UNITED STATES v. WASKO

No. 72-1054.

473 F.2d 1282 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Allan WASKO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 7, 1973.

Attorney(s) appearing for the Case

John D. Breclaw, Highland, Ind., for defendant-appellant.

William C. Lee, U. S. Atty., John R. Wilks, Asst. U. S. Atty., Fort Wayne, Ind., for plaintiff-appellee.

Before STEVENS and SPRECHER, Circuit Judges, and CAMPBELL, Senior District Court.

SPRECHER, Circuit Judge.

Following a jury trial in the district court for the Northern District of Indiana, the defendant Jerry Allan Wasko was convicted on an indictment charging him with the sale of 100 tablets of lysergic acid diethylamide (LSD) in violation of 21 U.S.C. § 331(q)(2).1 We reverse on two grounds.

On April 5, 1971, Randall Green, an Indiana State Police Officer, while working as an undercover agent for the...

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