Robert McClure Jr., and Donald Gaxiola v. United States

ORR, Circuit Judge:

Federal narcotics agents (hereafter “the agents”) were aware that appellants were selling heroin. In order to obtain evidence of their illegal activities the agents secured the services of one Donald Hopping, a known addict and an acquaintance of appellant Gaxiola.

Pursuant to their plan to secure evidence, the agents had Hopping make a purchase of heroin from Gaxiola on March 19, 1962. Under directions from the agents Plopping phoned Gaxiola at his residence and stated that he “had a bill” and would “like to get any part of it or all of it”. Gaxiola requested that Hopping…