UNITED STATES v. HENDRICKS

No. 71-1598.

456 F.2d 167 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Lee HENDRICKS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 4, 1972.


Attorney(s) appearing for the Case

Michael P. Balaban (argued), Beverly Hills, Cal., for defendant-appellant.

David H. Anderson, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Los Angeles, Cal., for plaintiff-appellee.

Before KOELSCH, DUNIWAY and WRIGHT, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Hendricks was charged with nine counts of possession and sale of heroin. It was alleged that, on three separate occasions in October and November 1969, Hendricks received, concealed, and sold heroin to a government agent, in violation of 21 U.S.C. § 174 and 26 U.S.C. § 4705(a).

On appeal Hendricks attacks the entrapment instruction given by the trial court judge, arguing that an alternative instruction on that subject...

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