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UNITED STATES v. KORN

No. 76-3848.

557 F.2d 1089 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Peter Harold KORN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 15, 1977.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Bruce E. Wagner, Asst. U. S. Atty., Miami, Fla., Hugh Culverhouse, Jr., Jacksonville, Fla., for plaintiff-appellant.

Michael S. Tarre, Miami, Fla., for defendant-appellee.

Before THORNBERRY, GODBOLD and FAY, Circuit Judges.

GODBOLD, Circuit Judge:

This case is another spinoff from Oviedo v. U. S., 525 F.2d 881 (CA5, 1976).

The appellee Peter Korn was indicted for knowingly and intentionally attempting to distribute a controlled substance, 40,000 units of methaqualone. The defense moved to dismiss the indictment, and for purposes of the motion admitted that Korn had entered into negotiations with a government undercover agent and a government...

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