Williamson v. United States

Decision Date22 March 1965
Docket NumberNo. 21671.,21671.
Citation340 F.2d 612
PartiesJack Marrin WILLIAMSON, Appellant, v. UNITED STATES of America, Appellee.
CourtU.S. Court of Appeals — Fifth Circuit

James P. Coleman, Ackerman, Miss., for appellant.

H. M. Ray, U. S. Atty., Oxford, Miss., for appellee.

Before BROWN and BELL, Circuit Judges, and HUNTER, District Judge.

PER CURIAM.

On the retrial of this case, as our mandate plainly called for, the deposition of Moye was not offered by either party for any purpose. Consequently, conditions (1) and (2) prescribed by our former opinion, Williamson v. United States, 5 Cir., 1962, 311 F.2d 441, were not pertinent, and the Government was not required to meet them. Entrapment as such on this record was not therefore raised. Nor was there any evidence which the Trial Judge knew either judicially, actually, or factually which indicated that the initiation or prosecution of this case was the fruit of any illegal contingent agreement with Moye. On the intrinsic merits, the evidence amply sustained the finding of guilty.

Affirmed.

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7 cases
  • U.S. v. Rey
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • March 9, 1987
    ...subsequently joined a per curiam opinion affirming Williamson's conviction after retrial on remand. Williamson v. United States, (Williamson II), 340 F.2d 612 (5th Cir.), cert. denied, 381 U.S. 950, 85 S.Ct. 1803, 14 L.Ed.2d 724 In rare cases, use of a contingently motivated informer might,......
  • State v. Mullen
    • United States
    • Iowa Supreme Court
    • March 27, 1974
    ...United States, 118 U.S.App.D.C. 38, 331 F.2d 784 (1964); Williamson v. United States, 311 F.2d 441 (5 Cir. 1962), aff'd per curiam, 340 F.2d 612 (5 Cir.), cert. denied, 381 U.S. 950, 85 S.Ct. 1803, 14 L.Ed.2d 724 (1965); see United States v. Morrison, 348 F.2d 1003 (2 Cir.), cert. denied, 3......
  • Luna v. Beto
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • May 7, 1968
    ...of Gober and delivery of narcotics to the officers. 4 Williamson v. United States, 5 Cir., 1962, 311 F.2d 441, affirmed after retrial, 340 F.2d 612; Bullock v. United States, 5 Cir., 1967, 383 F.2d 545; Hill v. United States, 5 Cir., 1964, 328 F.2d 5 United States v. Cox, 5 Cir., 1965, 342 ......
  • Harris v. United States
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • August 23, 1968
    ...in view of my recent recantation in Moore v. United States, 5 Cir. 1968, 394 F.2d 818, of my acquiescence in Williamson v. United States (Williamson II), 5 Cir. 1965, 340 F.2d 612, I renew and republicize my Williamson I, 5 Cir. 1962, 311 F.2d 441, 445, opposition to these contingent fee 1 ......
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