UNITED STATES v. TOBIAS

No. 80-7561.

662 F.2d 381 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas C. TOBIAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B.

Rehearing Denied January 18, 1982.


Attorney(s) appearing for the Case

Augusta E. Wilson, Mobile, Ala. (Court-appointed), for defendant-appellant.

William A. Kimbrough, U. S. Atty., Ginny S. Granade, Asst. U. S. Atty., Mobile, Ala., for plaintiff-appellee.

Before FRANK M. JOHNSON, Jr. and HATCHETT, Circuit Judges, and SCOTT, District Judge.


HATCHETT, Circuit Judge:

We again examine the extent to which the government may become involved in a criminal enterprise without being found guilty of entrapment or having its conduct declared so outrageous as to violate a criminal defendant's due process rights under the fifth amendment. Finding the government's conduct in this case to be within lawful bounds, we affirm, but remand for resentencing.

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