United States v. Adolpho Rodriquez

HAMLEY, Circuit Judge:

Adolpho Rodriquez appeals from his conviction on all counts of an eleven-count indictment charging a conspiracy to import and sell heroin, and concealment, facilitating the concealment, sale, facilitating the sale and facilitating the transportation of heroin, in violation of 21 U.S.C. § 174. The only issue raised on appeal which we find worthy of discussion, is whether, as defendant argues, the trial court erred in giving an inadequate and improper instruction on defendant’s defense of entrapment.

The instruction given was erroneous under Notaro v. United States, 363…