Romo Lo Buono v. United States

Ninth Circuit

Romo Lo Buono v. United States

454 F.2d 731

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 7, 1972

Docket71-1316

StatusPublished

Cited by2 cases

This text of 454 F.2d 731 (Romo Lo Buono 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.

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Romo Lo Buono v. United States, 454 F.2d 731 (9th Cir. 1972).

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Opinion

BELLONI, District Judge.

Lo Buono was convicted of the sale and possession for sale of 7,854 LSD tablets in violation of 21 U.S.C. § 331 (q). He claims his conviction should be reversed on the ground that he was unlawfully entrapped as a matter of law.

Lo Buono’s appeal briefs presented two theories. First, he argues that the issue of entrapment should have been decided by the judge, not the jury. On oral argument he admitted the federal cases all go against him on this theory. Sorrells v. United States, 287 U.S. 435, 53 S.Ct. 210, 77 L.Ed. 413 (1932). *732 We agree and see no reason to change the law of this circuit. Pulido v. United States, 425 F.2d 1391 (9th Cir. 1970).

Lo Buono’s second theory is that the evidence required a finding of entrapment as a matter of law. After a defendant introduces evidence of entrapment the burden shifts to the government to prove predisposition. Sherman v. United States, 356 U.S. 369, 78 S.Ct. 819, 2 L.Ed.2d 848 (1958). We hold the facts were such that the jury could have found the appellant to be a voluntary seller rather than an entrapped one. Their verdict shows the jury found the government proved predisposition beyond a reasonable doubt.

We affirm.

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BELLONI, District Judge.

Lo Buono was convicted of the sale and possession for sale of 7,854 LSD tablets in violation of 21 U.S.C. § 331 (q). He claims his conviction should be reversed on the ground that he was unlawfully entrapped as a matter of law.

Lo Buono’s appeal briefs presented two theories. First, he argues that the issue of entrapment should have been decided by the judge, not the jury. On oral argument he admitted the federal cases all go against him on this theory. Sorrells v. United States, 287 U.S. 435, 53 S.Ct. 210, 77 L.Ed. 413 (1932). *732 We agree and see no reason to change the law of this circuit. Pulido v. United States, 425 F.2d 1391 (9th Cir. 1970).

Lo Buono’s second theory is that the evidence required a finding of entrapment as a matter of law. After a defendant introduces evidence of entrapment the burden shifts to the government to prove predisposition. Sherman v. United States, 356 U.S. 369, 78 S.Ct. 819, 2 L.Ed.2d 848 (1958). We hold the facts were such that the jury could have found the appellant to be a voluntary seller rather than an entrapped one. Their verdict shows the jury found the government proved predisposition beyond a reasonable doubt.

We affirm.

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454 F.2d 731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romo-lo-buono-v-united-states-ca9-1972.

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