United States v. Stills, 72-2959.
Decision Date | 03 April 1973 |
Docket Number | No. 72-2959.,72-2959. |
Court | U.S. Court of Appeals — Fifth Circuit |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Curtis G. STILLS, Defendant-Appellant. |
Paul Carmouche, Shreveport, La., for defendant-appellant.
Donald E. Walter, U. S. Atty., David R. Lestage, Asst. U. S. Atty., Shreveport, La., for plaintiff-appellee.
Before COLEMAN, MORGAN and RONEY, Circuit Judges.
Curtis C. Stills was charged with the distribution of approximately 0.502 grams of heroin in violation of 21 U.S.C. § 841(a) (1).1 He was found guilty after a jury trial and at sentencing was found to be eligible for treatment under the Narcotics Rehabilitation Act, 18 U. S.C. 4254.
The appellant raises two contentions of error: first, the District Court should have granted the motion for judgment of acquittal because entrapment was shown as a matter of law; second, the District Court should have sustained the objection to testimony of a government witness as to what he had heard about defendant's reputation for selling narcotics. We affirm.
The facts surrounding the alleged sale of the heroin are in dispute. The testimony of two government agents was that the defendant instigated the sale of the heroin; the defendant claims that the government agents asked him to purchase the heroin. The "resolution of conflicting testimony and the inferences to be drawn from it in assessing the defense of entrapment must be left to the jury", United States v. Villafana, 5 Cir., 1972, 455 F.2d 478, 479.
Joe King, a cooperating individual, testified in rebuttal as follows:
Defendant contends that such testimony was hearsay. The District Court allowed the testimony on the basis of the decisions in United States v. Robinson, 5 Cir., 1971, 446 F.2d 562, cert. denied, 404 U.S. 959, 92 S.Ct. 323, 30 L.Ed.2d 277, and Thompson v. United States, 5 Cir., 1968, 403 F.2d 209. This action was not error.
In United States v. Robinson, supra, we said:
To continue reading
Request your trial-
U.S. v. Cunningham
...to prove his predisposition to commit the crime. See, e.g., United States v. Simon, 488 F.2d 133 (5th Cir. 1973); United States v. Stills, 476 F.2d 592 (5th Cir. 1973); United States v. Owens, 346 F.2d 329 (7th Cir.), cert. denied, 382 U.S. 878, 86 S.Ct. 163, 15 L.Ed.2d 119 (1965); United S......
-
United States v. McKinley
...prove his predisposition to commit the crime. See, e. g., United States v. Simon, 488 F.2d 133 (5th Cir. 1973), and United States v. Stills, 476 F.2d 592 (5th Cir. 1973). Whether this would include hearsay testimony as to subsequent specific acts (possessing narcotics at the time of arrest)......
-
U.S. v. Dickens, 74-3627
...that the defendants were predisposed to deal in contraband. United States v. Mitchell, 493 F.2d 9 (5th Cir. 1973); United States v. Stills, 476 F.2d 592 (5th Cir. 1973). We have little difficulty affirming that the evidence warranted a jury submission and that the guilty verdict is supporte......
-
United States v. Moriarty
...United States v. McKinley, 5 Cir. 1974, 493 F.2d 547, 552; United States v. Simon, 5 Cir. 1973, 488 F.2d 133, 134; United States v. Stills, 5 Cir. 1973, 476 F.2d 592, 593, Moriarty protests that this hearsay evidence was proven false by McDonald's own testimony, that the testimony in any ev......