UNITED STATES v. OPAGER

No. 77-5710.

589 F.2d 799 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Patricia Lynn OPAGER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 14, 1979.


Attorney(s) appearing for the Case

Edgar Miller, Miami, Fla., Samuel L. Bare, III, Coral Gables, Fla., for defendant-appellant.

Jack V. Eskenazi, U. S. Atty., James E. McDonald, Linda Collins Hertz, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, GODBOLD and FAY, Circuit Judges.


JOHN R. BROWN, Chief Judge:

On February 23, 1977, appellant Patricia Lynn Opager made the regrettable mistake of selling a pound of 90.4% pure cocaine to three buyers, two of whom happened to be law enforcement officers, and the third a government informant and acquaintance of Opager. As a result of this incident, Opager was convicted by a jury of knowingly and intentionally possessing cocaine with the intent to distribute and knowingly and intentionally distributing...

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