UNITED STATES v. REYES

No. 80-1603 Summary Calendar.

645 F.2d 285 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos REYES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

May 15, 1981.


Attorney(s) appearing for the Case

J. G. Hornberger, Laredo, Tex., for defendant-appellant.

John M. Potter, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before BROWN, POLITZ and TATE, Circuit Judges.


TATE, Circuit Judge:

The defendant was convicted after jury trial of both distribution and possession with intent to distribute cocaine, 21 U.S.C. § 841(a)(1), in three specific transactions. He received concurrent sentences on each count of which convicted. Upon his appeal, he contends (1) that the district court erroneously refused his request to instruct the jury as to entrapment and (2) that the court erred in failing to declare a mistrial sua sponte because...

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