UNITED STATES v. ROSE

No. 73-1702 Summary Calendar.

484 F.2d 654 (1973)

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

United States Court of Appeals, Fifth Circuit.

September 21, 1973.


Attorney(s) appearing for the Case

Herbert T. Schwartz, Gainesville, Fla. (Court-appointed), for defendant-appellant.

William H. Stafford, Jr., U. S. Atty., Robert L. Crongeyer, Jr., Asst. U. S. Atty., Pensacola, Fla., for plaintiff-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.


PER CURIAM:

In this case, a jury convicted William David Rose on two counts of the knowing and intentional distribution of Schedule II and III drugs in violation of 21 U.S.C. § 841(a) (1).

Viewing the evidence most favorably to the government, it was clearly shown that Rose wilfully aided and abetted one James Bryant in the actual distribution of the illegal products. The trial record is really devoid of any element of entrapment. Moreover, had such been...

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