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UNITED STATES v. GARCIA

Nos. 75-4469, 75-4487.

546 F.2d 613 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Amador GARCIA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 3, 1977.

Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, Houston, Tex., William W. Burge, Gustavo L. Acevedo, Asst. Fed. Public Defenders, Laredo, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., James R. Gough, George A. Kelt, Jr., Asst. U.S. Attys., Houston, Tex., Joe Garza, Asst. U. S. Atty., Laredo, Tex., for plaintiff-appellee.

Before AINSWORTH and CLARK, Circuit Judges, and HUGHES, District Judge.

CLARK, Circuit Judge:

Defendant Amador Garcia, Jr. was convicted on December 19, 1975 of conspiracy to possess heroin with the intent to distribute,1 possession of heroin with intent to distribute, distribution of heroin,2 and assaulting a federal officer.3 The defendant's sole contention is that the evidence presented raised the issue of entrapment. The trial court refused to instruct...

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