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U.S. v. MONTAÑEZ

No. 96-1036.

105 F.3d 36 (1997)

UNITED STATES, Appellee, v. Carmelo MONTAÑEZ, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided January 28, 1997.

Attorney(s) appearing for the Case

David L. Martin, Providence, RI, by Appointment of the Court, for defendant-appellant.

Margaret E. Curran, Assistant United States Attorney, with whom Sheldon Whitehouse, United States Attorney, and Zechariah Chafee, Assistant United States Attorney, Providence, RI, were on brief for appellee.

Before TORRUELLA, Chief Judge, BOUDIN, Circuit Judge, and BARBADORO, District Judge.

BARBADORO, District Judge.

A jury found Carmelo Montañez guilty of distributing and conspiring to distribute crack cocaine. Because we conclude that the district court's entrapment instruction did not adequately apprise the jury of Montañez' theory of defense, we vacate both convictions and remand for a new trial.

I.

The government presented evidence at trial that Montañez sold an undercover agent an ounce of crack cocaine ("crack...

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