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U.S. v. HEWITT

No. 90-5578.

942 F.2d 1270 (1991)

UNITED STATES of America, Appellee, v. Charles P. HEWITT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 22, 1991.

Rehearing Denied October 1, 1991.

Attorney(s) appearing for the Case

David A. Palmer, Sioux Falls, S.D., for appellant.

Philip N. Hogen, argued (Thomas J. Wright, on brief), Sioux Falls, S.D., for appellee.

Before JOHN R. GIBSON, Circuit Judge, and FLOYD R. GIBSON and ROSS, Senior Circuit Judges.

ROSS, Senior Circuit Judge.

Charles P. Hewitt (defendant) appeals his seventy-month sentence imposed by the district court. We reverse and remand.

I. FACTS

Defendant, Edmund Arndt, Kathleen Hofer and Duane White were all arrested on July 20, 1990. Law enforcement officials used a confidential informant in their investigation and the ensuing arrests. The informant advised officers that cocaine had been purchased from White on several occasions

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