Douglas v. Long

661 F.2d 747 Archie Lee DOUGLAS, Petitioner-Appellant, v. Robert E. LONG, Acting Chief Probation Officer, Pima County Adult Probation Office, Tucson, Arizona, and the Attorney General of the State of Arizona, Respondents-Appellees. No. 79-2642. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 10, 1980. Decided Nov. 16, 1981. Allen G. Minker, Pima County Public Defender, Tucson, Ariz., for petitioner-appellant. Bruce M. Ferg, Asst. Atty. Gen., Tucson, Ariz., for respondents-appellees. Appeal from the United States District Court for the District of Arizona. Before BROWNING and KENNEDY, Circuit Judges, and HOFFMAN, * District Judge. PER CURIAM: 1 An Arizona grand jury returned an indictment against appellant and another reading as follows: 2 The grand jurors of the county of Pima, in the name of the state of Arizona, and by its authority accuse 3 ARCHIE LEE DOUGLAS, CAROLYN ANN HUTTON 4 and charge that in Pima County: 5 COUNT ONE (UNLAWFUL OFFER TO SELL NARCOTIC DRUG) 6 On or about the 8th day of June, 1977, ARCHIE LEE DOUGLAS, and CAROLYN ANN HUTTON, offered to sell a narcotic drug, to wit: heroin, all in violation of A.R.S. §§ 36-1002.02 as…