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U.S. v. HOYT

No. 87-1224.

879 F.2d 505 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Brian HOYT, aka Brian Doyle, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 17, 1989.

As Amended June 15 and August 16, 1989.

Attorney(s) appearing for the Case

Marvin S. Cahn, Claire Leary, San Francisco, Cal., for defendant-appellant.

Joseph P. Russoniello, U.S. Atty., Samuel Wong, Asst. U.S. Atty., San Jose, Cal., for plaintiff-appellee.

Before BOOCHEVER and BRUNETTI, Circuit Judges, and STEPHENS District Judge.

STEPHENS, Senior District Court Judge:

On January 22, 1987, Drug Enforcement Agency (DEA) agents arrested appellant Brian Hoyt while Hoyt was in the process of selling five kilograms of cocaine to an undercover agent, Mark Nelson. A one count indictment charged Hoyt with violating 21 U.S.C. § 841(a)(1) — possession with intent to distribute five thousand grams or more of cocaine. On May 13, 1987, a jury found Hoyt guilty. On July 10, 1987, Judge Aguilar...

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