UNITED STATES v. GENTRY

No. 80-1815.

642 F.2d 385 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry GENTRY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 2, 1981.


Attorney(s) appearing for the Case

Michael Lerner (Stephen G. Mirakian, Kansas City, Kan., with him on brief), of Barnett & Lerner, Kansas City, Kan., for defendant-appellant.

John O. Martin, Asst. U. S. Atty., Kansas City, Kan. (James P. Buchele, U. S. Atty. and Douglas B. Comer, Asst. U. S. Atty., Kansas City, Kan., on brief), for plaintiff-appellee.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

Jerry Gentry was convicted of conspiracy to possess with intent to distribute methamphetamine sulfate (MS) in violation of 21 U.S.C. § 846. Trial was to the court on stipulated facts.

The only issues on appeal concern the trial court's refusal to suppress certain evidence seized by agents of the Drug Enforcement Administration (DEA) under a search warrant, and whether conduct of the DEA agents was so outrageous as to violate Gentry...

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