U.S. v. HARRIS

No. 92-4001.

997 F.2d 812 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Chris D. HARRIS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 1, 1993.


Attorney(s) appearing for the Case

Bruce C. Lubeck (David J. Jordan, U.S. Atty., with him on the brief), Asst. U.S. Atty., Salt Lake City, UT, for plaintiff-appellant.

Manny Garcia, Salt Lake City, UT, for defendant-appellee.

Before MCKAY, Chief Judge, SETH, Senior Circuit Judge, and BRORBY, Circuit Judge.


BRORBY, Circuit Judge.

The United States appeals the dismissal of Counts II and III which charged Defendant/Appellee Chris Harris (Defendant) with aiding and abetting in the distribution of crack cocaine in violation of 21 U.S.C. § 841(a)(1) and § 841(b)(1)(B) and 18 U.S.C. § 2. The district court dismissed the indictments sua sponte holding the police officer engaged in outrageous government conduct. We reverse.

I. BACKGROUND

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