United States v. Milford Burkley, (Two Cases)

McGOWAN, Circuit Judge:

In two separate indictments, appellant was charged with distributing heroin in vio lation of 21 U.S.C. § 841(a) (1976). After a consolidated trial on both charges, in which appellant’s only defense was entrapment, the jury returned a verdict of guilty on each. On appeal, appellant presses two claims. First, he argues that the entrapment instruction given by the trial judge was improper because it did not allow the jury to consider evidence of inducement by the government. Second, he contends that consolidation of the two indictments for trial was unduly prejudicial. We…