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UNITED STATES v. BOONE

No. 76-1103.

543 F.2d 412 (1976)

UNITED STATES of America v. Cornelius M. BOONE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 17, 1976.

Attorney(s) appearing for the Case

Fred Warren Bennett, Washington, D. C. (appointed by this court), for appellant.

Robert M. McNamara, Jr., Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and James M. Hanny, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before LEVENTHAL and MacKINNON, Circuit Judges, and KAUFMAN, United States District Judge for the District of Maryland.

PER CURIAM:

The controlling issue in this conviction of Boone for aiding an unlawful sale of heroin in violation of 21 U.S.C. § 841(a) and 18 U.S.C. § 2, is whether the court erred in refusing his request for an entrapment instruction.

According to the Government's evidence, Boone was a willing participant in two narcotics transactions, was clearly predisposed to commit the two resulting offenses and was solicited but not induced to commit...

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