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ARGUED NOVEMBER 29,2010

Before BAUER, WOOD, and SYKES,Circuit Judges.

Kenneth Gaytan was indicted for distribution of crack cocaine based on two controlled buys arranged by the Federal Bureau of Investigation in which Gaytan sold substantial quantities of crack to a confidential informant named James Worthen. The FBI captured the negotiations and both transactions on audio recordings. Agents also conducted visual and video surveillance of the controlled buys, but because of gaps in this surveillance, they did not actually see-and the video recordings do not show-money and drugs changing hands. Nor did the government produce Worthen to testify at trial. So in this sense the case against Gaytan was circumstantial.

 
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