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U.S. v. KESSEE

No. 91-50168.

992 F.2d 1001 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Harold KESSEE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1993.

Attorney(s) appearing for the Case

Gerald C. Salseda, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant.

Bruce Riordan, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before FLETCHER, O'SCANNLAIN and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

Kessee was convicted of conspiracy, possession with intent to distribute, and carrying a firearm during a narcotics transaction in connection with sales of cocaine base. 18 U.S.C. § 924(c)(1); 21 U.S.C. §§ 841(a)(1) and 846. We reverse, because he was entitled to present his entrapment defense to the jury, and was prevented from doing so.

Kessee participated in sales of cocaine base to an undercover informant, Mohammed...

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