The following excerpt is from U.S. v. Adler, 879 F.2d 491 (9th Cir. 1989):
While a "legally sound" defense may exist, based on the conclusion that mere purchases of cocaine for personal use do not establish a conspiracy to distribute, United States v. Martin, 599 F.2d 880 (9th Cir.1979), such a legal theory must be "supported by the evidence." See United States v. Polizzi, 801 F.2d 1543, 1549 (9th Cir.1986).
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