UNITED STATES v. SOTO

No. 74-1228.

504 F.2d 557 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Rudy SOTO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 20, 1974.


Attorney(s) appearing for the Case

Jerry T. Calhoun, Houston, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Mary L. Sanderson, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before TUTTLE, WISDOM and GEE, Circuit Judges.


WISDOM, Circuit Judge:

In this narcotics case the defendant pleads entrapment. He contends that one government agent supplied him with heroin to sell to another government agent; that he was a trapped innocent. Fortuitously, the informer allegedly supplying the heroin was murdered three months before the defendant's trial. The defendant relies on the Bueno defense: "The defendant having testified to facts which established a defense as a matter of law, the...

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