United States v. Caro
Decision Date | 16 September 1965 |
Docket Number | No. 14980.,14980. |
Citation | 350 F.2d 862 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Ralph CARO, Defendant-Appellant. |
Court | U.S. Court of Appeals — Seventh Circuit |
Doris A. Coonrod, Chicago, Ill., for appellant.
Edward V. Hanrahan, U. S. Atty., John Peter Lulinski, John Powers Crowley, Richard T. Sikes, Chicago, Ill., for appellee.
Before HASTINGS, Chief Judge, and DUFFY and SCHNACKENBERG, Circuit Judges.
Ralph Caro, defendant, following his indictment, was convicted, on a trial by the court without a jury, for violations of the narcotics laws. Title 26 U.S.C.A. § 4705(a), and Title 21 U.S.C.A. § 174. He appeals therefrom.
The only contention now raised by defendant is that the evidence established entrapment as a matter of law so as to require a reversal of the finding of guilty. He testified in his own behalf that he had been approached by Domingo Aponte, a government informer, who furnished him with a package which he delivered to Richard M. Patch, a narcotics agent. He further testified he had never had any dealings in narcotics prior to that time.
Defendant argues that the rule recognized in Sherman v. United States, 356 U.S. 369, 78 S.Ct. 819, 2 L.Ed.2d 848 (1958), is applicable here, that the criminal design originated with Aponte and that he furnished to defendant the narcotics which were the subject matter of the violation. Defendant, going further, insists that he acted as agent of the informer when he delivered narcotics to the other agent.
However, on the same day that Sherman was decided, the Supreme Court in Masciale v. United States, 356 U.S. 386, 388, 78 S.Ct. 827, 828, 2 L.Ed.2d 859 (1958), said:
* * *"
The court affirmed a judgment of conviction against Masciale.
In United States v. Jones, 7 Cir., 302 F.2d 46, 47 (1962), we said:
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United States v. Cansler, 17399.
...the failure of the government to produce the informant. This court has recently reaffirmed the holding of Masciale in United States v. Caro, 350 F.2d 862 (7th Cir.1965), and United States v. Draper, 411 F.2d 1106 (7th Cir. June 17, The defendant relies heavily on United States v. Dillet, 26......
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United States v. Teller, 16065.
...United States v. Garelli, 7 Cir., 333 F.2d 649, 650 (1964), cert. den. 380 U.S. 917, 85 S.Ct. 904, 13 L.Ed.2d 801; United States v. Caro, 7 Cir., 350 F.2d 862, 863 (1965). The record shows that defendant asked the agents if she was under arrest and she got a negative reply, they assuring he......
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United States v. Draper
...the Government on the issue of guilt. Therefore, the trial court properly submitted the case to the jury." This court in United States v. Caro, 350 F.2d 862 (CA-7 1965), followed Masciale in a case where the defendant, as here, testified that he had been approached by the informant to act a......