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UNITED STATES v. STEWART

No. 84-1111.

770 F.2d 825 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. William Stanley STEWART, a/k/a Stanislaus W. White, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 4, 1985.

Attorney(s) appearing for the Case

D. Michael Nerney, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Alan M. Caplan, Bushnell, Caplan, Fielding & Rudy, San Francisco, Cal., for defendant-appellant.

Before CHOY, TANG, and FLETCHER, Circuit Judges.

FLETCHER, Circuit Judge:

Stewart appeals his conviction for distribution and conspiracy to distribute LSD, and possession with intent to distribute and conspiracy to distribute cocaine. We affirm the conviction, but remand for resentencing.

I. FACTS

In September and October 1982, DEA agent Robert Fanter purchased large quantities of LSD from Michael North on three separate occasions. During each transaction, North referred to obtaining drugs from...

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