United States v. Carl Dean Shoemaker

LAY, Circuit Judge.

Defendant appeals his conviction on two counts of dispensing and distributing narcotics in violation of 26 U.S.C.A. § 4704(a). Defendant’s singular attack in this court is that the evidence establishes the defense of entrapment as a matter of law, that he was a “purchasing agent” for the government rather than the seller of the narcotics. We affirm.

The transactions for which defendant was convicted involve two occasions in which he obtained narcotics from a seller at the request of government agents. On each occasion, four days apart, the defendant drove with the government…