Antonio Ortega-Romero v. United States

Ninth Circuit

Antonio Ortega-Romero v. United States

362 F.2d 804, 1966 U.S. App. LEXIS 5737

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 22, 1966

Docket20025

StatusPublished

This text of 362 F.2d 804 (Antonio Ortega-Romero v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Antonio Ortega-Romero v. United States, 362 F.2d 804, 1966 U.S. App. LEXIS 5737 (9th Cir. 1966).

Pincite

Opinion

PER CURIAM.

The issue of entrapment was not raised in the court below by this appealing defendant. His counsel deliberately waived it as a matter of trial strategy both in the trial of the case and in his argument to the jury. That this was consciously done is established by the tenor of the argument to the jury commenting on the issue of entrapment as raised by the code-fendant.

We hold there was no entrapment as a matter of law, and that the defendant, by reason of his defense, was in no position to ask for an instruction on entrapment. (Cf. Garibay-Garcia v. United States, 9 Cir., 362 F.2d 509, decided May 23, 1966, and cases cited.)

No other point raised on appeal was well taken.

Affirmed.

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