OPINION OF THE COURT
PER CURIAM:
The sole issue on this appeal is whether the district court erred in refusing to instruct the jury that the "procuring agent" or "purchasing agent" theory was a valid defense to the criminal charge of unlawful distribution of heroin under 21 U.S.C. § 841(a).
Appellant correctly observes that under prior law a person could not be convicted of "selling" narcotics if he were acting...
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