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U.S. v. SHABANI

No. 91-30224.

48 F.3d 401 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Reshat SHABANI, a/k/a Lee Shabani, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended March 30, 1995.

Attorney(s) appearing for the Case

Alan M. Caplan, Bushnell, Caplan & Fielding, San Francisco, CA, for defendant-appellant.

Karen L. Loeffler, Asst. U.S. Atty., Anchorage, AK, for plaintiff-appellee.

Before: WALLACE, Chief Judge, WRIGHT and LEAVY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Shabani appealed his conviction of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. Under the compulsion of Ninth Circuit case authority, we reversed and held that the district court erred in not instructing the jury on the requirement of an overt act. United States v. Shabani, 993 F.2d 1419 (9th Cir.1993). The Supreme Court reversed. United States v. Shabani, ___...

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