Court of Appeals for the Ninth Circuit March 30, 1995, 91-30224 (United States v. Reshat Shabani, A/K/A Lee Shabani)

EUGENE A. WRIGHT, Circuit Judge:

Shabani appealed his conviction of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. Under the compulsion of Ninth Circuit case authority, we reversed and held that the district court erred in not instructing the jury on the requirement of an overt act.

United States v. Shabani,

993 F.2d 1419 (9th Cir.1993). The Supreme Court reversed.