Ernest Martinez v. United States

PICKETT, Circuit Judge.

The defendant, Martinez, was convicted on both counts of an indictment which charged that he made sales of marihuana on two separate dates in violation of 26 U.S.C. § 4742(a). Martinez admits the sales, but contends that he was entrapped into making them by an agent of the United States Treasury Department.

The evidence is not in dispute except as to when the agent and Martinez first met. The agent testified that he first met Martinez during the afternoon of September 18, 1960 when he and a third party, named Prather, went to Max’s Tavern in Denver, Colorado, where…