Andrew Lucero v. United States of America, Frank E. Maestas v. United States
Court of Appeals for the Tenth Circuit
Seth, Circuit Judge, dissented as to one defendant.
1Opinion of the Court
BREITENSTEIN, Circuit Judge.
Appellants Lucero and Maestas were charged and tried jointly under a 3-eount information for violations of 21 U.S.C. § 174, the counts differing only in the dates and the quantities of heroin. The trial court sustained Maestas’ motion for judgment of acquittal on Count 3. The jury found Lucero guilty on all counts and Maestas guilty on Counts 1 and 2.
Lucero’s claim of entrapment is without merit. The record shows no luring of an innocent person into the commission of a crime but rather the offer by a federal agent of an opportunity to one who has the intent to…
2Cases cited9 opinions
- United States v. SantoreCourt of Appeals for the Second Circuit · 1960
- Bernardino Chirez Hernandez v. United StatesCourt of Appeals for the Ninth Circuit · 1962
- United States v. Ramon HernandezCourt of Appeals for the Second Circuit · 1961
- United States v. Eugene JonesCourt of Appeals for the Second Circuit · 1962
- Frank Anthony Cellino v. United StatesCourt of Appeals for the Ninth Circuit · 1960
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Turner v. United StatesSupreme Court of the United States · 1970
- United States v. William A. Raper, United States of America v. Eli B. Childs, Jr.Court of Appeals for the D.C. Circuit · 1982
- United States v. MorrisCourt of Appeals for the Tenth Circuit · 1979
- Henry Maestas v. United StatesCourt of Appeals for the Tenth Circuit · 1965
- United States v. Anthony Baratta, Samuel Monastersky, and Rocco SancinellaCourt of Appeals for the Second Circuit · 1968
29 more not listed; retrieve them via the Exa API.