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UNITED STATES v. SMITH

No. 26791.

407 F.2d 202 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Lee Bradford SMITH, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 6, 1969.

Attorney(s) appearing for the Case

Edwin M. Sigel, David H. Berg, Houston, Tex., for defendant-appellant.

Morton L. Susman, U. S. Atty., James R. Gough, Carl Walker, Jr., Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, and SIMPSON, Circuit Judges, and CASSIBRY, District Judge.

PER CURIAM:

This is an appeal from the judgment and commitment order of the District Court which adjudged the defendant Lee Bradford Smith, pursuant to a jury verdict, guilty of selling narcotic drugs without receiving from the purchaser a written order in violation of Title 26, U.S. Code, Sec. 4705(a), and sentenced him to ten years' imprisonment.

The issue presented by this appeal is whether the defense of entrapment was properly raised so as to allow the...

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