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UNITED STATES v. BAIN

No. 78-5502.

596 F.2d 120 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Aubrey E. BAIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 5, 1979.

Attorney(s) appearing for the Case

Robert J. Zibilich, court-appointed, New Orleans, La., for defendant-appellant.

John P. Volz, U. S. Atty., Dennis J. Dannel, Robert J. Boitmann, Earl N. Vaughan, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before THORNBERRY, CLARK and RONEY, Circuit Judges.

THORNBERRY, Circuit Judge:

This is a direct criminal appeal. The appellant, Aubrey Bain, was convicted of conspiracy to possess with intent to distribute Dilaudid, 21 U.S.C. § 846 and various substantive counts of distribution of Dilaudid, 21 U.S.C. § 841(a)(1). Because we hold that the trial judge improperly refused to give a requested charge, we reverse.1

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