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ENCISO v. UNITED STATES

No. 20820.

370 F.2d 749 (1967)

Victor A. ENCISO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 3, 1967.

Attorney(s) appearing for the Case

Paul K. Duffy, Culver City, Cal., for appellant.

Manuel L. Real, U. S. Atty., John K. Van de Kamp, Asst. U. S. Atty., Chief Crim. Div., Robert L. Brosio, Asst. U. S. Atty., Asst. Chief, Crim. Div., Gabriel A. Gutierrez, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before DUNIWAY and ELY, Circuit Judges, and POWELL, District Judge.

DUNIWAY, Circuit Judge:

Enciso was found guilty by a jury on each count of a six count indictment. Each count charged a violation of 21 U.S.C. § 174. He was sentenced to 10 years on each, all sentences concurrent. The evidence is that on three occasions Enciso sold heroin to one Peterson, 3.8 grams on June 16, 1965 for $50.00, 8.4 grams on July 14, 1965 for $50.00, and 12.2 grams on July 30, 1965 for $100.00.

The sole defense was entrapment. Peterson...

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