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SYLVIA v. UNITED STATES

No. 6021.

312 F.2d 145 (1963)

Richard SYLVIA, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

January 22, 1963.

Attorney(s) appearing for the Case

Manuel Katz, Boston, Mass., with whom Paul T. Smith and Raymond J. Dowd, Boston, Mass., were on brief, for appellant.

William J. Koen, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

Sylvia was found guilty by a jury of violating 26 U.S.C. § 4705(a) and 21 U. S.C. § 174 in connection with the sale of a small quantity of heroin. He appeals, not on the ground that the evidence was insufficient to support a conviction, but because the court placed upon him the burden of proving the defense of entrapment.

The government's evidence warranted a finding that Sylvia was approached by one Gibson, a government agent...

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