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UNITED STATES v. McLISTER

No. 78-3077.

608 F.2d 785 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Frank C. McLISTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 21, 1979.

Attorney(s) appearing for the Case

Richard B. Mazer, San Francisco, Cal., for defendant-appellant.

Floy E. Dawson, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before HUFSTEDLER and GOODWIN, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

A jury found Frank C. McLister guilty of distributing cocaine in violation of 21 U.S.C. § 841(a)(1) and acquitted him of conspiring to distribute cocaine in violation of 21 U.S.C. § 846.

Factual Background

McLister and three codefendants, John Irwin, Sharon Baker, and Thane Rucker were arrested after participating in a transaction in which a pound of cocaine was sold to an undercover government agent.

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