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UNITED STATES v. QUIJADA

No. 78-1514.

588 F.2d 1253 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Abel V. QUIJADA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied January 4, 1979.

Attorney(s) appearing for the Case

Paul T. Willis, Tucson, Ariz., for defendant-appellant.

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

Before CHOY and SNEED, Circuit Judges, and SPENCER M. WILLIAMS, District Judge.

Rehearing and Rehearing En Banc Denied January 4, 1979.

SNEED, Circuit Judge:

Appellant Abel V. Quijada was convicted of attempt to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. This appeal presents an issue of first impression in this circuit: Whether an individual may be convicted of an attempt to distribute cocaine when the substance he offers to sell is a noncontrolled substance rather than cocaine. Under the circumstances...

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