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UNITED STATES v. LORD

No. 72-2914.

475 F.2d 763 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Herman LORD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 19, 1973.

Attorney(s) appearing for the Case

Robert I. Deutscher (argued), Tacoma, Wash., for defendant-appellant.

Irwin Schwartz, Asst. U. S. Atty. (argued), Thomas P. Giere, Asst. U. S. Atty., Stan Pitkin, U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before CHAMBERS and TRASK, Circuit Judges, and SCHNACKE, District Judge.

PER CURIAM:

Defendant was convicted of narcotics violations. We affirm.

The evidence on entrapment being in conflict, the issue was properly submitted to the jury. United States v. Griffin, 434 F.2d 978 (9th Cir., 1970), certiorari denied sub nom. Andrews v. United States, 402 U.S. 995, 91 S.Ct. 2170, 29 L.Ed.2d 160 (1971). We decline to add to the prosecution's burden by holding that absence of entrapment is an element of...

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