U.S. Court of Appeals for the Fifth Circuit, 1974

United States v. Fred Mosley

U.S. Court of Appeals for the Fifth Circuit · Decided December 30, 1974 · Bell, Simpson, In-Graham

505 F.2d 1251 (Federal Reporter, Second Series)

Counsel

J. D. Quinlivan, Jr. (Court-appointed), Ian Frederick Gaston, Mobile, Ala., for defendant-appellant., Charles White-Spunner, U. S. Atty., Irwin W. Coleman, Jr., Asst. U. S. Atty., Mobile, Ala., for plaintiff-appellee.

Cases that cite this one

2 later published cases cite this decision.

United States v. Benlizar (District Court, District of Columbia 1978)
United States v. Vincent Ingenito (2d Cir. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

We reaffirm our holding that the district court erred in denying the request of defendant to give an instruction on a Bueno-type issue in a defense of entrapment. United States v. Bueno, 5 Cir., 1971, 447 F.2d 903. The evidence, although disputed, was that the government, through an informer, supplied the heroin which defendant was charged with distributing. See United States v. Soto, 5 Cir., 1974, 504 F.2d 557; and cf. United States v. Arias-Diaz, 5 Cir., 1974, 497 F.2d 165, 169, Fn. 4.

The petition for rehearing en banc is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12), the petition for rehearing en banc is denied.

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