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United States v. Diaz

United States Court of Appeals for the Seventh Circuit
864 F.2d 544 (7th Cir. 1988)


Facts

Diaz (defendant) and Peirallo were part of a cocaine sale to an undercover DEA agent. The two did not know their buyer was an agent and agreed to meet the agent and transfer the cocaine. Peirallo carried a gun with him at the drop in case anyone tried to steal the drugs. When the sale occurred, the agent gave the arrest signal and Diaz and Peirallo were arrested. Diaz was charged with conspiracy to distribute cocaine and the use of a firearm in relation to the commission of a drug trafficking crime. He was convicted of both. He appealed the conviction of the use of a firearm on the grounds that he, himself was not armed during the cocaine transfer.

Rule of Law

Issue

Holding and Reasoning (Ripple, J.)

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