United States v. William Stanley Stewart, A/K/A Stanislaus W. White

FLETCHER, Circuit Judge:

Stewart appeals his conviction for distribution and conspiracy to distribute LSD, and possession with intent to distribute and conspiracy to distribute cocaine. We affirm the conviction, but remand for resentencing.

I. FACTS

In September and October 1982, DEA agent Robert Fanter purchased large quantities of LSD from Michael North on three separate occasions. During each transaction, North referred to obtaining drugs from a “friend” or to going home to give his “friend” the money Fanter paid for the drugs.

DEA agents kept North under surveillance before, during, and after…