UNITED STATES v. SHOEMAKER

No. 20044.

429 F.2d 530 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Carl Dean SHOEMAKER, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

August 5, 1970.


Attorney(s) appearing for the Case

Angelo J. Falcone, Kansas City, Mo., for defendant-appellant.

Calvin K. Hamilton, First Asst. U. S. Atty., Kansas City, Mo., for plaintiff-appellee; Bert C. Hurn, U. S. Atty., and Frederick O. Griffin, Jr., Asst. U. S. Atty., Kansas City, Mo., on the brief.

Before MATTHES, Chief Judge, JOHNSEN, Senior Circuit Judge, and LAY, Circuit Judge.


LAY, Circuit Judge.

Defendant appeals his conviction on two counts of dispensing and distributing narcotics in violation of 26 U.S.C.A. § 4704(a). Defendant's singular attack in this court is that the evidence establishes the defense of entrapment as a matter of law, that he was a "purchasing agent" for the government rather than the seller of the narcotics. We affirm.

The transactions for which defendant was convicted involve two occasions in which he...

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