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U.S. v. COLLICOTT

No. 95-30140.

92 F.3d 973 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Edward P. COLLICOTT, Sr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1996.

As Amended October 21, 1996.

Attorney(s) appearing for the Case

Jeffry K. Finer, Finer & Pugsley, P.S., Spokane, Washington, for defendant-appellant.

Joseph H. Harrington, Assistant United States Attorney, Spokane, Washington, for plaintiff-appellee.

Before: PREGERSON and TASHIMA, Circuit Judges, and JONES, District Judge.

ROBERT E. JONES, District Judge:

Appellant Edward P. Collicott, Sr. ("Collicott") appeals from his conviction on three counts of possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1). We reverse and remand for a new trial.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Surveillance and Arrest

On June 9, 1994, Spokane County Sheriff's Office Detectives ("Sheriffs") began surveillance

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