No. 90-1695.

936 F.2d 856 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. William DAVIDSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 18, 1991.

Rehearing Denied July 25, 1991.

Attorney(s) appearing for the Case

F. William Soisson, Office of the U.S. Atty., Detroit, Mich., E. James King (argued), Detroit, Mich., for plaintiff-appellee.

Stephen T. Rabaut (argued), Roseville, Mich., for defendant-appellant.

Before MARTIN and MILBURN, Circuit Judges, and ENGEL, Senior Circuit Judge.

MILBURN, Circuit Judge.

Defendant-appellant William Davidson appeals his conviction for conspiracy to possess with intent to distribute heroin and cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. For the reasons that follow, we reverse.


On October 20, 1988, a ten-count federal indictment was returned against William Davidson, William Guild, Marvin Mulligan, and Joy Mulligan. Defendant...

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