United States v. Gerald Wallace

McLAUGHLIN, Circuit Judge.

Appellant was convicted of fraudulently and knowingly selling and facilitating the concealment and sale of heroin. He was given the mandatory five year sentence as a first offender.

He argues that he was entrapped as a matter of law. The evidence on behalf of the government was that a narcotic agent, Hill, and a special government employee, Patton, went to appellant’s home. All three had attended school together and knew one another. The special employee first saw and talked to Wallace alone. He told him that Hill wanted: to buy some heroin. Wallace said he remembered…