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UNITED STATES v. OWEN

No. 78-1273.

580 F.2d 365 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. David Estel OWEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 18, 1978.

Attorney(s) appearing for the Case

J. Bradford Shiley, Jr., Portland, Or., for defendant-appellant.

Kenneth A. Bauman, Asst. U. S. Atty., Portland, Or., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and GRANT, District Judge.

GRANT, District Judge:

This appeal follows the denial of a motion to dismiss an indictment charging the distribution of cocaine. The dismissal was sought as a punitive measure against the government for alleged misconduct on the part of an agent of the Drug Enforcement Administration (DEA). Defendant Owen was arrested in April 1977 for the sale of cocaine as the result of the cooperation of a DEA informant. On 28 April 1977 a grand jury returned a four-count indictment...

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