UNITED STATES v. RUSSELL

No. 26485.

459 F.2d 671 (1972)

UNITED STATES of America, Appellee, v. Richard RUSSELL, Appellant.

United States Court of Appeals, Ninth Circuit.

April 6, 1972.


Attorney(s) appearing for the Case

Robert E. Prince, of Stern, Gayton, Neubauer & Brucker, Seattle, Wash., for appellant.

Stan Pitkin, U. S. Atty., Charles Pinnell, Asst. U. S. Atty., Seattle, Wash., for appellee.

Before KOELSCH, ELY and TRASK, Circuit Judges.


ELY, Circuit Judge.

Russell was convicted on three counts of violating the Federal Food and Drug Laws in manufacturing, processing, delivering, and selling a prohibited depressant or stimulant drug, methamphetamine. 21 U.S.C. §§ 331(q) (1), (2); 360a(b). In this appeal, Russell urges that the participation of a Government Agent in the crimes was so overreaching as to constitute entrapment as a matter of law.

In December, 1969, a Special Agent of...

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