LO BUONO v. UNITED STATES

No. 71-1316.

454 F.2d 731 (1972)

Romo LO BUONO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 7, 1972.


Attorney(s) appearing for the Case

Robert W. Plath (argued), San Francisco, Cal., for appellant.

David P. Bancroft, Asst. U. S. Atty. (argued), James L. Hazard, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before MERRILL and DUNIWAY, Circuit Judges, and BELLONI, District Judge.


BELLONI, District Judge.

Lo Buono was convicted of the sale and possession for sale of 7,854 LSD tablets in violation of 21 U.S.C. § 331(q). He claims his conviction should be reversed on the ground that he was unlawfully entrapped as a matter of law.

Lo Buono's appeal briefs presented two theories. First, he argues that the issue of entrapment should have been decided by the judge, not the jury. On oral argument he admitted the federal cases all go against...

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