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UNITED STATES v. BUENO

No. 30252.

447 F.2d 903 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. David BUENO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 18, 1971.

Attorney(s) appearing for the Case

James L. Gallagher, El Paso, Tex., for defendant-appellant.

Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., Victor K. Sizemore, Asst. U. S. Atty., El Paso, Tex., Romualdo C. Caballero, Atty., Dept. of Justice, Washington, D. C., on the brief, for plaintiff-appellee.

Before COLEMAN, SIMPSON and RONEY, Circuit Judges.

RONEY, Circuit Judge:

There are two controlling questions on the appeal of this narcotics conviction.1 The first is whether there is entrapment as a matter of law when a government informer furnishes the narcotics to the defendant for sale to a government agent. The second is whether the government has the duty of coming forward with contrary evidence when the defendant testifies to uncontradicted facts that would constitute entrapment...

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