United States v. David Javier Garcia

OPINION

ELY, Circuit Judge:

Garcia appeals his convictions for conspiracy to possess marijuana with intent to distribute, 21 U.S.C. § 846, and for distribution of marijuana, 21 U.S.C. § 841(a)(1). We reverse.

Garcia was arrested on June 5, 1974, in Tucson, Arizona, after he and several other persons sold a quantity of marijuana to undercover agents of the Drug Enforcement Administration (DEA). On the basis of the facts surrounding Garcia’s June 5th arrest, the Government filed a magistrate’s complaint against him but the complaint was withdrawn after Garcia and the Government entered into a…