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UNITED STATES v. STAGG

No. 75-3013.

540 F.2d 1010 (1976)

UNITED STATES of America, Appellee, v. Benjamin STAGG, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 24, 1976.

Attorney(s) appearing for the Case

Michael D. Nasatir (argued), of Nasatir, Sherman & Hirsch, Beverly Hills, Cal., for appellant.

Darrell MacIntyre (argued), Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before ELY and GOODWIN, Circuit Judges, and PECKHAM, District Judge.

PER CURIAM:

Stagg's six-count conviction for conspiracy and for possessing and distributing cocaine in violation of 21 U.S.C. § 846, 841(a)(1), and 18 U.S.C. § 2 (aiding and abetting), is remanded for a new trial. United States v. Demma, 523 F.2d 981 (9th Cir. 1975) (en banc).

The district court, believing at the time of trial that it was bound by Eastman v. United...

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