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UNITED STATES v. MOSLEY

No. 73-3336.

496 F.2d 1012 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Fred MOSLEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 5, 1974.

Attorney(s) appearing for the Case

J. D. Quinlivan, Jr., Mobile, Ala. (Court-appointed), Ian Frederick Gaston, Mobile, Ala., for defendant-appellant.

Charles White-Spunner, U. S. Atty., Irwin W. Coleman, Jr., Asst. U. S. Atty., Mobile, Ala., for plaintiff-appellee.

Before BELL, SIMPSON and INGRAHAM, Circuit Judges.

BELL, Circuit Judge :

In a jury trial, appellant was convicted for distributing and possessing with intent to distribute heroin in violation of 21 U.S.C.A. § 841(a)(1). His sole defense was entrapment.

Because the district court did not present the Bueno-type1 issue to the jury, we reverse and remand for a new trial.

The salient consideration concerns the role of the government undercover agent in the case,...

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