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UNITED STATES v. TOUW

Nos. 84-5321, 84-5322.

769 F.2d 571 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth David TOUW, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. William Harry ANDERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1985.

Attorney(s) appearing for the Case

Elizabeth A. Hartwig, San Diego, Cal., for plaintiff-appellee.

Roger J. Diamond, Hecht, Diamond & Greenfield, Pacific Palisades, Cal., for defendant-appellant.

Before ANDERSON and TANG, Circuit Judges, and SOLOMON, District Judge.

SOLOMON, District Judge:

Kenneth Touw and William Anderson were convicted of conspiracy to possess and attempted possession of a controlled substance with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 846. They appeal; we affirm their convictions, but we remand to the district court for resentencing.

FACTS

Agents of the Drug Enforcement Administration (DEA) acted as large-scale sellers of marijuana in a "reverse undercover...

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