Joel Morales v. United States

SIMONS, Circuit Judge.

The appellant was indicted and convicted for violating Title 26 U.S.C. § 2591(a), specifically with having transferred marijuana, on October 21 and 25, 1954, without proper authorization. The transfer was admitted and the sole defense was entrapment, supported by the uncontradicted evidence of the appellant. He was the only witness thereto and was not cross examined in respect to it.

The appellant testified that he met Tony Gutierrez, a special employee or undercover agent of the Government, some three months before his arrest. Following this meeting, the appellant saw…