UNITED STATES v. GARZON

No. 81-1421.

688 F.2d 607 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel GARZON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 20, 1982.


Attorney(s) appearing for the Case

John D. Vandevelde, Talcott, Vandevelde & Woehrle, Los Angeles, Cal., for defendant-appellant.

R. Brian Ball, Asst. U.S. Atty., Los Angeles, Cal., argued for plaintiff-appellee; Mark E. Beck, Asst. U.S. Atty., Los Angeles, Cal., on brief.

Before SCHROEDER, CANBY, and NORRIS, Circuit Judges.


NORRIS, Circuit Judge:

Appellant Miguel Garzon appeals from a conviction for possession of cocaine with intent to distribute and conspiracy to distribute cocaine. He claims prejudicial error from a "conscious avoidance" jury instruction. We agree and reverse.

I

The evidence at trial may be summarized as follows. In March of 1981, appellant's co-defendant, Moreno, met Weaver, who, unknown to Moreno, was a Drug Enforcement Agency (DEA) informant. Moreno...

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