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UNITED STATES v. JOHNSON

No. 73-1435.

495 F.2d 242 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Earl JOHNSON, a/k/a Floyd D. Sanders, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 4, 1974.

Attorney(s) appearing for the Case

George W. Materi, Shawnee Mission, Kan. (George W. Earnshaw, Shawnee Mission, Kan., on the brief), for defendant-appellant.

Monti Belot, Asst. U. S. Atty., Topeka, Kan. (Robert J. Roth, U. S. Atty., District of Kansas, and Glen S. Kelly, Asst. U. S. Atty. (Trial Attorney), with him on the brief), for plaintiff-appellee.

Before MURRAH, SETH and DOYLE, Circuit Judges.

MURRAH, Circuit Judge.

Earl Johnson appeals from a judgment of conviction after a jury trial on a charge of selling heroin in violation of 21 U.S.C. § 841(a) (1). He first plead lack of specific intent, and entrapment by a bonus or "contingent fee" informer (see, e. g., Maestas v. United States, 341 F.2d 493 (10th Cir. 1965)) who was not available at trial.

The jury was told:

Once the defense of entrapment...

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