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UNITED STATES v. MOORE

No. 24925.

429 F.2d 1305 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Freddie MOORE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 20, 1970.

Attorney(s) appearing for the Case

Douglas P. Ferguson of Ferguson & Capron, San Francisco, Cal. (argued), for defendant-appellant.

Michael Lightfoot (argued) Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Chief, Criminal Division, Los Angeles, Cal., for plaintiff-appellee.

Before HAMLEY, DUNIWAY and WRIGHT, Circuit Judges.

DUNIWAY, Circuit Judge:

Moore was charged in a three-count indictment with concealment of illegally imported narcotics and illegal sale of narcotics, violations of 21 U.S.C. § 174, and with illegal transfer of narcotics in violation of 26 U.S.C. § 4705. He was convicted on all three counts. We affirm.

1. Entrapment.

Moore argues that entrapment was established as a matter of law. Had the jury chosen to accept Moore's story, it could...

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