PADILLA v. UNITED STATES

No. 170-69.

421 F.2d 123 (1970)

John Jacob PADILLA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 28, 1970.


Attorney(s) appearing for the Case

Jack F. Seavy, Pueblo, Colo., for appellant.

Milton C. Branch, Asst. U. S. Atty., Denver, Colo. (James L. Treece, U. S. Atty., Denver, Colo., on the brief), for appellee.

Before LEWIS and HILL, Circuit Judges, and LANGLEY, District Judge.


LANGLEY, District Judge.

The appellant, John Jacob Padilla, defendant below, was convicted by a jury of selling heroin knowing it to have been brought into the United States contrary to law, in violation of 21 U.S.C. § 174. On appeal, he contends the evidence was insufficient to support the verdict: that it requires finding as a matter of law that he was entrapped, that he acted in the sale of the narcotics as agent of the government, and that his possession...

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