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UNITED STATES v. RODRIGUEZ

Nos. 76-2240, 76-2301.

546 F.2d 302 (1976)

UNITED STATES of America, Appellee, v. Jose Ernesto RODRIGUEZ, Appellant. UNITED STATES of America, Appellee, v. Octavio LEAL-CUEN, Appellant.

United States Court of Appeals, Ninth Circuit.

November 17, 1976.

Attorney(s) appearing for the Case

Frederick F. Kay, Asst. Federal Public Defender (argued), Tucson, Ariz., for appellant in No. 76-2240.

Jose M. Lerma (argued), Lerma, Davis & Vigil, Tucson, Ariz., for appellant in No. 76-2301.

Gerald S. Frank, Asst. U.S. Atty. (argued), Tucson, Ariz., for appellee.

Before BARNES and WALLACE, Circuit Judges, and SOLOMON, District Judge.

BARNES, Senior Circuit Judge:

I. FACTS

In about December, 1975, Hugo Riggi was approached by an acquaintance, Armando Rios, who asked if Riggi was interested in buying cocaine. Riggi reported the incident to the Drug Enforcement Administration ("DEA") and subsequently agreed to become a paid informant. Pursuant to instructions from the DEA, Riggi contacted Rios to discuss the purchase of four to five pounds of cocaine. Several discussions were held, many...

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