U.S. v. COLLAZO

No. 88-5389.

885 F.2d 813 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel COLLAZO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 10, 1989.


Attorney(s) appearing for the Case

Lee Weissenborn, Miami, Fla., for defendant-appellant.

Dexter W. Lehtinen, U.S. Atty., Linda Collins Hertz, Sonia Escobio O'Donnell, Miami, Fla., for plaintiff-appellee.

Before ANDERSON and COX, Circuit Judges, and BUTLER, District Judge.


PER CURIAM:

The defendant appeals from his conviction for conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. The sole issue raised on appeal is whether the trial court erred in its answer to the jury's question regarding which party has the burden of proof on the issue of entrapment. We find that the court's instruction was erroneous and, accordingly, reverse.

During the course of its deliberation the jury relayed a written question to...

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