United States v. David Bueno

RONEY, Circuit Judge:

There are two controlling questions on the appeal of this narcotics conviction. 1 The first is whether there is entrapment as a matter of law when a government informer furnishes the narcotics to the defendant for sale to a government agent. The second is whether the government has the duty of coming forward with contrary evidence when the defendant testifies to uncontradicted facts that would constitute entrapment as a matter of law, and there is no evidence to show that his testimony is untrue.

Holding that the uncontradicted facts testified to by defendant constitute a…