No. 82-1489.

709 F.2d 35 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Juventino CARRILLO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1983.

Attorney(s) appearing for the Case

Gregory H. Martin, Martin & Feldhacker, Scottsdale, Ariz., for defendant-appellee.

Gloria G. Ybarra, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellant.

Before GOODWIN, TANG and FARRIS, Circuit Judges.

TANG, Circuit Judge.

Carrillo was indicted for possession of heroin and possession of heroin with intent to distribute in violation of 21 U.S.C. § 841. His motion to dismiss the indictment was granted and the government appeals. We affirm.

Carrillo was arrested on September 17, 1981, with heroin in his possession. Following arrest, agents of the Drug Enforcement Administration (DEA) offered not to prosecute if he cooperated with the government's investigation...

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