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UNITED STATES v. TORNABENE

No. 80-1711.

687 F.2d 312 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Joel Eric TORNABENE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 16, 1982.

Rehearing Denied November 1, 1982.

Attorney(s) appearing for the Case

Dennis Roberts, Oakland, Cal., for defendant-appellant.

Peter Robinson, Asst. U. S. Atty., San Francisco, Cal., argued, for plaintiff-appellee; Eric Swenson, Asst. U. S. Atty., San Francisco, Cal., on brief.

Before SNEED and TANG, Circuit Judges, and NIELSEN, District Judge.

TANG, Circuit Judge:

Tornabene appeals his conviction for distribution of Lysergic Acid Diethylamide (LSD) in violation of 21 U.S.C. § 841(a)(1). Tornabene was convicted on the basis of one sale of LSD to government agents. The sale was arranged by an informant. Tornabene's defense at trial was entrapment.

On appeal, Tornabene asserts the following errors: (1) The Government failed to use reasonable efforts to...

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