United States v. Paul Ewbank, AKA "Pablo"

*1150TRASK, Circuit Judge:

Paul Ewbank, also known as “Pablo”, appeals from his conviction by the court, sitting without a jury, of the charge of distributing hashish oil, a controlled substance, in violation of 21 U.S.C. § 841(a)(1). Appellant admitted that he sold two vials of hashish oil on Feburary 16, 1972, to Special Agent Robert Aiu in the presence of an informer, Kerry R. Lee, for $400. He relied upon the defense of entrapment.

In support of his theory, appellant testified concerning his association with Kerry Lee, the informer. This testimony was not disputed. Appellant met the informer in…