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United States v. Girard

United States Court of Appeals for the Second Circuit
601 F.2d 69 (1969)


Facts

Girard (defendant), a former Drug Enforcement Administration (DEA) agent and James Bond discussed a plan to smuggle marijuana into the United States from Mexico. Girard told Bond that he could, for $500 per name, obtain information from an inside source about whether others involved in the scheme were government informants. The inside source was a current DEA agent named Lambert. Thereafter, Bond became a DEA informant and disclosed his conversations with Girard to the DEA. Under the surveillance of the DEA, Bond asked Girard to secure reports on four men. DEA records were kept in computerized files. As a result, the DEA was able to determine that Girard’s source of the reports was Lambert. Girard and Lambert were convicted of the unauthorized sale of government property in violation of 18 U.S.C. § 641 and conspiring to accomplish the sale in violation of 18 U.S.C. § 71. Girard and Lambert appealed.

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Issue

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Holding and Reasoning (van Graafeiland, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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