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JOYNER v. UNITED STATES

Nos. 75-1929, 75-1930.

547 F.2d 1199 (1977)

Ricardo JOYNER, Appellant, v. UNITED STATES of America, Appellee. Mosely GAINES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 24, 1977.

Attorney(s) appearing for the Case

Myer Koonin, Washington, D.C., for Ricardo Joyner.

Michael E. McKenzie, Fairfax, Va., for Mosely Gaines.

Stephen R. Pickard, Asst. U. S. Atty., Alexandria, Va. (William B. Cummings, U. S. Atty., Alexandria, Va., on brief), for appellee in Nos. 75-1929 and 75-1930.

Before BOREMAN, Senior Circuit Judge, WIDENER, Circuit Judge, and HADEN, District Judge.

HADEN, District Judge:

Ricardo Joyner and Mosely Gaines were convicted of distributing cocaine in violation of 21 U.S.C. § 841(a), as amended.

Joyner asserts on appeal that the evidence adduced at trial established entrapment as a matter of law. We do not agree. Viewing the evidence in a light most favorable to the United States, we are of the opinion that the issue of entrapment was a proper question for the jury. Additionally, the District Court's charge...

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