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UNITED STATES v. GARCIA

No. 75-1795.

519 F.2d 1343 (1975)

UNITED STATES of America, Appellee, v. David Javier GARCIA, Appellant.

United States Court of Appeals, Ninth Circuit.

July 23, 1975.

Attorney(s) appearing for the Case

Leighton H. Rockafellow (argued), Tucson, Ariz., for appellant.

Joseph P. Covington, Asst. U. S. Atty. (argued), Tucson, Ariz., for appellee.

Before ELY and HUFSTEDLER, Circuit Judges, and FITZGERALD, District Judge.

OPINION

ELY, Circuit Judge:

Garcia appeals his convictions for conspiracy to possess marijuana with intent to distribute, 21 U.S.C. § 846, and for distribution of marijuana, 21 U.S.C. § 841(a)(1). We reverse.

Garcia was arrested on June 5, 1974, in Tucson, Arizona, after he and several other persons sold a quantity of marijuana to undercover agents of the Drug Enforcement Administration (DEA). On the basis of the facts surrounding Garcia...

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