United States v. Bassi

Second Circuit

United States v. Bassi

330 F.2d 704

CourtCourt of Appeals for the Second Circuit

DecidedApril 14, 1964

DocketNo. 417, Docket 28728

StatusPublished

This text of 330 F.2d 704 (United States v. Bassi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Bassi, 330 F.2d 704 (2d Cir. 1964).

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Opinion

PER CURIAM.

Appellant, who had previously been convicted of having violated the narcotic laws, appeals from his conviction below on an indictment alleging two violations of Title 21 U.S.C. §§ 173 and 174, and from the mandatorily imposed sentence of 10 years on each of the two counts, the sentences to run concurrently. At his trial before a judge sitting without a jury he asserted the affirmative defense that he, an unwilling seller, had been entrapped into the two sales of heroin, one for $4100 and one for $1000, that the Government proved he made.

On all the evidence the trial judge held that the affirmative defense was not proven, a result we find to have been properly reached, and as there is also no merit in appellant’s other contentions, we affirm the conviction in open court.

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PER CURIAM.

Appellant, who had previously been convicted of having violated the narcotic laws, appeals from his conviction below on an indictment alleging two violations of Title 21 U.S.C. §§ 173 and 174, and from the mandatorily imposed sentence of 10 years on each of the two counts, the sentences to run concurrently. At his trial before a judge sitting without a jury he asserted the affirmative defense that he, an unwilling seller, had been entrapped into the two sales of heroin, one for $4100 and one for $1000, that the Government proved he made.

On all the evidence the trial judge held that the affirmative defense was not proven, a result we find to have been properly reached, and as there is also no merit in appellant’s other contentions, we affirm the conviction in open court.

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Bluebook (online)

330 F.2d 704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bassi-ca2-1964.

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