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UNITED STATES v. OVIEDO

No. 75-1899.

525 F.2d 881 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Martin Molina OVIEDO, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 12, 1976.

Attorney(s) appearing for the Case

Alan Brown, San Antonio, Tex., for defendant-appellant.

John E. Clark, U. S. Atty., Joel D. Conant, Ray Jahn, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before GODBOLD, DYER and MORGAN, Circuit Judges.

DYER, Circuit Judge.

Oviedo appeals from a judgment of conviction for the attempted distribution of heroin, in violation of 21 U.S.C.A. § 846.1 Oviedo contends that under the facts of this case, he is not guilty of any criminal offense. We agree and reverse.

Oviedo was contacted by an undercover agent, who desired to purchase narcotics. Arrangements were made for the sale of one pound of heroin. The agent met Oviedo at the...

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