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U.S. v. PENAGOS

No. 85-5196.

823 F.2d 346 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Rafael PENAGOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1987.

Attorney(s) appearing for the Case

Stephen Clymer and Manuel A. Medrano, Los Angeles, Cal., for plaintiff-appellee.

Michael D. Abzug, Los Angeles, Cal., for defendant-appellant.

Before BEEZER, HALL and KOZINSKI, Circuit Judges.

BEEZER, Circuit Judge:

Jose Penagos appeals from convictions for 1) conspiracy to possess with intent to distribute narcotics, and 2) possession with intent to distribute narcotics. Viewed in the light most favorable to the government, evidence indicates that Penagos acted only as a passive bystander to drug transactions. Similarly, evidence does not indicate that Penagos had dominion or control over narcotics seized in drug raids or that he knew drugs were in the...

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