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UNITED STATES v. EVERIDGE

No. 73-2201.

488 F.2d 1 (1974)

UNITED STATES of America, Plaintiff, Appellee, v. Ida Mae EVERIDGE, Defendant, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 10, 1974.

Attorney(s) appearing for the Case

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

William C. Smitherman, U. S. Atty., Ronald Jennings, Stephen M. McNamee, Asst. U. S. Attys., P. Michael Drake (argued), Tucson, Ariz., for plaintiff, appellee.

Before ALDRICH, ELY and CHOY, Circuit Judges.

ALDRICH, Senior Circuit Judge:

The issues on this appeal from a conviction of possession of heroin with the intent to distribute, in violation of 21 U.S.C. § 841(a) (1), require a somewhat detailed statement of the facts. In early February 1973, government narcotics undercover agent Fontenot met one Ogans in Tucson. Subsequently Ogans inquired if Fontenot was interested in purchasing heroin, and Fontenot said he had a customer. On February 20 Ogans came to Fontenot...

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