United States v. Di Donna, 280
| Decision Date | 08 April 1960 |
| Docket Number | No. 280,Docket 25881.,280 |
| Citation | 276 F.2d 956 |
| Parties | UNITED STATES of America, Appellee, v. Vincent DI DONNA, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Second Circuit |
Anthony R. Palermo, Asst. U. S. Atty., New York City (S. Hazard Gillespie, Jr., U. S. Atty., and Otis Pratt Pearsall, Asst. U. S. Atty., New York City, on the brief), for appellee.
Stephen A. Fuschino, New York City, for defendant-appellant.
Before LUMBARD, Chief Judge, and HINCKS and FRIENDLY, Circuit Judges.
The trial judge properly refused to give the jury any instruction on the subject of entrapment. There was no evidence in the record to support such a defense as the defendant himself testified that he did not know what was in the package which he admittedly delivered to the narcotics agent. United States v. Pagano, 2 Cir., 1953, 207 F.2d 884, 885. The other allegations of error are entirely without merit.
The judgment is affirmed.
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U.S. v. Valencia
...out, two cases in this circuit, United States v. Pagano, 207 F.2d 884, 885 (2d Cir. 1953) (per curiam), and United States v. Di Donna, 276 F.2d 956 (2d Cir. 1960) (per curiam), have held that it was not error for a trial judge to refuse to charge entrapment where the defendant denied knowle......
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U.S. v. Valencia
...out, two cases in this circuit, United States v. Pagano, 207 F.2d 884, 885 (2d Cir. 1953) (per curiam), and United States v. Di Donna, 276 F.2d 956 (2d Cir. 1960) (per curiam), have held that it was not error for a trial judge to refuse to charge entrapment where the defendant denied knowle......
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United States v. Gosser
...defense of entrapment as it is to any other defense. It has been so held. Shaw v. United States, 151 F.2d 967, 969, C.A.6th; United States v. Di Donna, 276 F.2d 956, C.A. 2nd. The Supreme Court has also indicated its approval of the right of the District Judge to refuse to instruct the jury......
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Pierce v. United States
...see, e. g., United States v. Ramsey, 2 Cir. 1967, 374 F.2d 192; United States v. Lile, 6 Cir. 1961, 290 F.2d 225; United States v. Di Donna, 2 Cir. 1960, 276 F.2d 956; United States v. Gironda, 2 Cir. 1959, 267 F.2d 312; United States v. Place, 2 Cir. 1959, 263 F.2d 627; Crisp v. United Sta......