Silva

Appellant was convicted by a jury upon eight counts of an indictment charging alternately sales of narcotics not in or from the original stamped package, 26 U.S.C.A. § 2553 (a), and sales of narcotics not in pursuance of a written order, 26 U.S.C.A. § 2554 (a). He was sentenced to serve two years on each count, all sentences to run concurrently.

Appellant admitted having made the several sales, and the sole question urged on appeal relates to his defense of entrapment. His claim in this connection is that the court’s instructions with respect to entrapment did not correctly, or at least adequately, state the law on the subject, and that the court fell into error in failing to give additional instructions requested by his counsel.

The record indicates that four sales were made over a period of less than 30 days, each being to an addict named Hernandez, a decoy or informer under pay of the Federal narcotics officers. Appellant was at the time in the employ of a gasoline service station chain as assistant manager of its station at Glendale, Arizona, and was approached there by Hernandez. Upon the latter’s pleading and insistence, so appellant testified, he obtained a quantity of…