United States v. Charles Luna Miramon

This case carries some of the taint that we found in United States v. Chisum, 9 Cir., 1971, 436 F.2d 645. Here, as in that case, the appellant’s conviction of violating 21 U.S.C. § 174 by selling heroin on two occasions rests almost entirely on the testimony of Agent Saiz, who made the buys. As the prosecutor said in his argument to the jury: “Whether it is lawful entrapment or unlawful entrapment comes down to the fact of who is telling the truth, Agent Saiz or Defendant Miramon.”

There are two differences from Chis-um. The first is that the offenses here involved occurred in February and…