United States v. Gerald Franklin Smith

Gerald Franklin Smith was found guilty on four counts under 21 U.S.C. § 331 (q) (2) and (q) (3) (A) of unlawfully possessing and selling d-methamphetamine hydrochloride tablets (“speed”) in September and October 1970. Defendant was also found guilty on a separate conspiracy count. The offenses took place in Carter Lake, Iowa, which is contiguous to Omaha, Nebraska. Appeal to this court challenges the constitutionality of the statute, the court’s instructions on entrapment and failure of the court to find entrapment as a matter of law or, alternatively, that defendant was only a procuring…