MOROYOQUI v. UNITED STATES

No. 77-1505.

570 F.2d 862 (1977)

Agustine Dozal MOROYOQUI, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 31 and February 28, 1978.


Attorney(s) appearing for the Case

Jerry D. Patchen (argued), Houston, Tex., for defendant-appellant.

Dale Danneman, Asst. U. S. Atty. (argued), Tucson, Ariz., for plaintiff-appellee.

Before CHAMBERS and SNEED, Circuit Judges, and SOLOMON, District Judge.


SNEED, Circuit Judge:

In 1976 Petitioner Moroyoqui was put on trial on charges of conspiracy to possess with intent to distribute cocaine and with distribution of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. During the examination of a government witness, information was brought out under questioning by the prosecution which was prejudicial to the petitioner. The court granted defense counsel's request for a mistrial.

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