United States v. Eric R. Clarke, in No. 14805, and Horace R. Johnson, in No. 14806

KALODNER, Circuit Judge.

Following a jury trial, the defendants, practicing physicians, were found guilty of conspiring to violate the federal narcotic laws 1 and making unlawful sales of narcotics drugs. 2

They prosecute their appeals on the grounds that (1) the trial judge erred in refusing to withdraw a juror following testimony of a government witness with respect to prior, unrelated unlawful narcotic sales by the defendant Clarke, and (2) the defense of entrapment was established as a matter of law in the government’s case.

The appeals followed the trial judge’s denial of the defendants’…