U.S. v. SMITH

No. 86-1292.

832 F.2d 1167 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph SMITH, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 20, 1987.


Attorney(s) appearing for the Case

Hart & Wolff, Brook Hart, Honolulu, Hawaii, for defendant-appellee.

Michael A. Santoki, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellant.

Before WALLACE, NORRIS and NOONAN, Circuit Judges.


WALLACE, Circuit Judge:

The government appeals from the district court's order granting a new trial following Smith's conviction by a jury for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Disagreeing with the district court, the government contends that there was sufficient evidence to convict Smith for aiding and abetting the commission of the substantive offense charged in the indictment. We have jurisdiction pursuant...

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