Bennie Ray Smith v. United States

JAMES M. CARTER, Circuit Judge.

This is an appeal from a conviction by a jury for two offenses occurring on different days involving the sale and facilitating the transportation and concealment of heroin in violation of 21 U.S.C. Sec. 174. Concurrent sentences were imposed.

The major questions presented by the appeal involve alleged entrapment and delay in arraignment.

ENTRAPMENT

Did the trial court commit plain error in failing to give an instruction on entrapment when the defense had not been asserted, and there was no request for such instruction by the appellant?

Appellant, now represented by…