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UNITED STATES v. DURADES

No. 78-1815.

607 F.2d 818 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos DURADES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 14, 1979.

Attorney(s) appearing for the Case

Howard B. Frank, Frank & Milchen, San Diego, Cal., for defendant-appellant.

Stephen W. Peterson, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., Howard A. Allen, Asst. U. S. Atty., (argued), San Diego, Cal., for plaintiff-appellee.

Before TRASK and WALLACE, Circuit Judges, and HOFFMAN, District Judge.

TRASK, Circuit Judge.

Carlos Durades appeals from his conviction for conspiracy to possess heroin with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We reverse.

The facts may be briefly summarized. Starting in 1972, Javier Gaxiola regularly shipped narcotics from Mexico to Pedro Lugo, a Los Angeles nightclub owner. Lugo then distributed the drugs to various retailers, retaining a commission for his services. In February or...

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