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United States v. Gonzalez

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


decided: May 9, 1972.

UNITED STATES OF AMERICA, APPELLEE,
v.
ROBERT GONZALEZ, APPELLANT

Kaufman, Mansfield and Timbers, Circuit Judges.

Author: Per Curiam

Appellant Robert Gonzalez appeals from a judgment of conviction entered after a six day jury trial in the Southern District of New York, Dudley B. Bonsal, District Judge, finding him guilty of selling cocaine without an order form and of conspiring to do so, in violation of the federal narcotics laws, 26 U.S.C. ยง 4705(a) (1964).*fn1 He was sentenced to concurrent seven-year terms of imprisonment on each of the two counts upon which he was found guilty.*fn2

His only claim of error on this appeal is that the trial judge improperly refused his request to charge the jury on the defense of entrapment. We are satisfied, based on our careful examination of the entire record, that Judge Bonsal's refusal to so charge was justified by the law in this Circuit. United States v. Nieves, 451 F.2d 836, 837-38 (2 Cir. 1971) (per curiam); United States v. Greenberg, 444 F.2d 369, 371-72(2 Cir.), cert. denied, 404 U.S. 853, 30 L. Ed. 2d 93, 92 S. Ct. 93 (1971); United States v. Henry, 417 F.2d 267, 269-71 (2 Cir. 1969), cert. denied, 397 U.S. 953, 25 L. Ed. 2d 136, 90 S. Ct. 980 (1970); United States v. Buie, 407 F.2d 905, 907-08 (2 Cir.), aff'd sub nom. Minor v. United States, 396 U.S. 87, 24 L. Ed. 2d 283, 90 S. Ct. 284 (1969); United States v. Dehar, 388 F.2d 430, 432-34 (2 Cir. 1968); United States v. Riley, 363 F.2d 955, 957-59 (2 Cir. 1966). See generally United States v. Braver, 450 F.2d 799, 801-05 (2 Cir. 1971), cert. denied, 405 U.S. 1064, 31 L. Ed. 2d 794, 92 S. Ct. 1493 (1972).

Affirmed.

Disposition

Affirmed.


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