United States v. Garrison

OPINION OF THE COURT

WOLD, Senior Judge:

I

Appellant was convicted on 28 May 1982 of simultaneous possession and sale of marijuana on 24 November 1981 and possession of marijuana on 5 December 1981. As to the sale offense, appellant raised the defense of entrapment.1 To rebut this defense the Government introduced, inter alia, testimony that, prior to the sale, an informant had told the military police investigator who bought the marijuana that appellant was a source from whom marijuana could be purchased.

Trial defense counsel requested the standard entrapment instruction in paragraph 5-6, U.S.…