United States v. David Javier Garcia

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surrounding Garcia’s June 5th arrest, the Government filed a magistrate’s complaint against him but the complaint was withdrawn after Garcia and the Government entered into a formal, written “Deferred Prosecution” agreement, dated July 30, 1974.

By the express terms of the agreement, Garcia waived his right to a speedy trial. He further agreed that within 90 days from July 30th, he would “attempt” to present DEA agents with a dealer in heroin, cocaine, amphetamines, barbiturates, or “LSD,” who might, “in the estimation of Agents of DEA,” be “capable of making” a sale of any such drugs. The Government agreed that if Garcia did produce such a dealer, it would not renew charges against him on the basis of the facts surrounding his June 5th arrest. Finally, the agreement provided that…