UNITED STATES v. JOHNSON

No. 78-1918.

605 F.2d 1025 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Melvin JOHNSON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 17, 1979.


Attorney(s) appearing for the Case

M. Daniel Friedland, Indianapolis, Ind., for defendant-appellant.

Charles W. Blau, Asst. U. S. Atty., Indianapolis, Ind., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, and SWYGERT, CUMMINGS, PELL, SPRECHER, TONE, BAUER and WOOD, Circuit Judges.


Reheard In Banc April 17, 1979.

HARLINGTON WOOD, Jr., Circuit Judge.

The principal issue is the wording of the jury instruction on entrapment. The defendant appeals his jury conviction of conspiracy both to possess cocaine with intent to distribute and to use a communications facility (a telephone) to facilitate that possession and distribution, in violation of 21 U.S.C. §§ 841(a)(1) and 843(b) (Count I). He also appeals his conviction of the substantive...

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