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UNITED STATES v. MOSLEY

No. 73-3336.

505 F.2d 1251 (1974)

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

United States Court of Appeals, Fifth Circuit.

December 30, 1974.

Attorney(s) appearing for the Case

J. D. Quinlivan, Jr. (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.

On Petition for Rehearing and Petition for Rehearing En Banc

(Opinion July 5, 1974, 5 Cir., 1974, 496 F.2d 1012.)

PER CURIAM:

We reaffirm our holding that the district court erred in denying the request of defendant to give an instruction on a Bueno-type issue in a defense of entrapment. United States v. Bueno, 5 Cir., 1971, 447 F.2d 903. The evidence, although disputed, was...

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