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UNITED STATES v. PALAFOX

No. 83-1036.

764 F.2d 558 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio Pino PALAFOX, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1985.

Attorney(s) appearing for the Case

David F. Levi, Sacramento, Cal., for plaintiff-appellee.

James M. Fallman, Fallman & Janof, Sacramento, Cal., for defendant-appellant.

Before BROWNING, Chief Judge, GOODWIN, SNEED, SCHROEDER, FLETCHER, PREGERSON, ALARCON, POOLE, NELSON, NORRIS, and REINHARDT, Circuit Judges.

SCHROEDER, Circuit Judge.

Antonio Pino Palafox appeals from his conviction on one count of possession with intent to distribute a controlled substance and one count of distribution of a controlled substance under 21 U.S.C. § 841(a)(1). The charges stem from a meeting in a parking lot where Palafox intended to sell a package of heroin to an undercover agent. The agent asked Palafox for a sample of the heroin, took a small quantity from the package and returned...

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