UNITED STATES v. RILEY

No. 412, Docket 29383.

363 F.2d 955 (1966)

UNITED STATES of America, Appellee, v. Walter RILEY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 12, 1966.


Attorney(s) appearing for the Case

Milton R. Gleit, New York City (Anthony F. Marra, New York City), for appellant.

Stephen F. Williams, New York City (Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, John S. Allee, Asst. U. S. Atty., of counsel), for appellee.

Before FRIENDLY, HAYS and FEINBERG, Circuit Judges.


FRIENDLY, Circuit Judge:

In this typical narcotics prosecution under 21 U.S.C. §§ 173 and 174, in which the defendant Riley received a mandatory ten year sentence as a second offender, the sole issue on appeal is the judge's refusal to allow the defense to argue entrapment and to submit the issue to the jury.

The Government's evidence was given primarily by an undercover agent of the Federal Bureau of Narcotics, whose account was supported by another...

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