U.S. v. FOSTER

No. 89-10405.

57 F.3d 727 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Leon Clifford FOSTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 8, 1995.


Attorney(s) appearing for the Case

Michael R. Levine, Federal Public Defender, Portland, OR, for defendant-appellant.

Miguel Rodriguez, Asst. U.S. Atty., Sacramento, CA, for plaintiff-appellee.

Before: J. CLIFFORD WALLACE, Chief Judge, CECIL F. POOLE, Circuit Judge, and MALCOLM F. MARSH, District Judge.


MARSH, District Judge:

On November 7, 1994, the United States Supreme Court vacated and remanded this case for further consideration in light of United States v. Shabani, ___ U.S. ___, 115 S.Ct. 382, 130 L.Ed.2d 225 (1994). In Shabani, the Court held that this court erroneously required proof of an overt act in order to sustain a drug conspiracy conviction under 21 U.S.C. § 846. Because our opinion of October 16, 1992 reversed and remanded defendant...

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