United States v. Fred Mosley

BELL, Circuit Judge:

In a jury trial, appellant was convicted for distributing and possessing with intent to distribute heroin in violation of 21 U.S.C.A. § 841(a)(1). His sole defense was entrapment.

Because the district court did not present the Bueno-type 1 issue to the jury, we reverse and remand for a new trial.

The salient consideration concerns the role of the government undercover agent in the case, a Deborah Reaves, an admitted heroin user. While in the company of Ms. Reaves on January 6, 1973, Larry Carver, an agent of the Bureau of Narcotics and Dangerous Drugs (B.N.D.D.) negotiated…