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UNITED STATES v. SWETS

Nos. 76-1761, 76-1762.

563 F.2d 989 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Harry Andrew SWETS and Gary Christopher Weeks, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided October 7, 1977.

Attorney(s) appearing for the Case

Cathlin Donnell, U. S. Atty., (Interim) by Edward W. Nottingham, Asst. U. S. Atty., Denver, Colo., for plaintiff-appellee.

Wilbur F. Denious, Jr., Denver, Colo., for defendants-appellants.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Swets and Weeks were convicted by a jury of knowingly and intentionally distributing cocaine, a Schedule II narcotic controlled substance, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. The defense offered at trial by both defendants was entrapment. Motions to direct a verdict of acquittal on the ground that the evidence established entrapment as a matter of law were denied, the district court being of the

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