UNITED STATES v. ABBADESSA

No. 72-1441.

470 F.2d 1333 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas ABBADESSA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 27, 1972.


Attorney(s) appearing for the Case

Bruce E. Miller, Asst. U. S. Atty., Wichita, Kan. (Robert J. Roth, U. S. Atty., and Stephen K. Lester, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

A. Jack Focht, Wichita, Kan. (Smith, Shay, Farmer & Wetta, Wichita, Kan., on the brief), for defendant-appellant.

Before BREITENSTEIN, Senior Circuit Judge, McWILLIAMS, Circuit Judge, and CHRISTENSEN, Senior District Judge.


CHRISTENSEN, Senior District Judge.

Appellant was convicted after jury trial of knowingly and intentionally distributing approximately five pounds of marihuana in violation of 21 U.S.C. § 841(a) (1). His appeal is based on contentions that the trial court should have held as a matter of law that he was entrapped, that certain evidentiary rulings were in error and that a jury instruction was prejudicially erroneous and repetitious. The case presents the seemingly...

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