James Frederick Brainin v. United States

Appellant, represented below by counsel of his own selection, was convicted of the sale and concealment of narcotic drugs in violation of federal statutes. Here, appearing by court appointed counsel, he makes only one contention. That is that, as matter of law, he was entrapped into committing the offense, and the district judge, therefore, erred in not directing a verdict for defendant.

We think it clear that there is no basis in the record for this claim of error. No request for such an instruction, indeed for any instruction, on the issue was made below. Moreover, the testimony is such that…