Gilbert Montanez Gonzales, and Creighton Albert Walsh v. United States

This is an appeal by Gilbert Montanez Gonzales and Creighton Albert Walsh from a judgment of conviction of “knowingly and unlawfully selling and facilitating the sale of approximately 52 grains of heroin and approximately 30 ounces of bulk marihuana”. '

On Page four of Appellants’ brief it is stated: “The sufficiency of the evidence is not questioned on this appeal. The sole issue is that appellants, as a matter of law, were the subject of entrapment by Federal narcotic agént Jones and special employee Baker”. We need only deal with the question of entrapment here.

The record shows that one Baker, a witness called at the trial by the defendants, testified that he had been contacted by appellant Walsh, and' that Walsh approached him “with a deal from Gonzales”. After this contact, Bakei conveyed the information to Jones,- a . Government narcotics agent. The record shows that at this time Baker became a special employee, for the Narcotics Bureau.

After this, and within a-.day or two, Jones and Baker visited .appellants at Walsh’s Garage in Pomona. After introductions the subject of narcotics was brought up and after some discussion Agent Jones requested a sample of the narcotics.…