Edmond Waker v. United States

ALDRICH, Chief Judge.

The defendant was convicted of violating 26 U.S.C. § 4742(a) forbidding the transfer of marihuana without a written order upon a form issued by the Secretary of the Treasury. The defense, essentially, was entrapment. It is clear, on the government’s own case, that a transfer was requested by a government agent. 1 It is also clear, just as in Whiting v. United States, 1 Cir., 1963, 321 F.2d 72, that while the agent apparently had some private reason for suspecting that the defendant would be amenable, on the evidence presented in court he had no probable cause. 2 We…