Ray Paul Carson v. United States

Ray Paul Carson was sentenced to imprisonment for ten years following his conviction, on a jury verdict, of receiving, concealing and facilitating the transportation and concealment of unlawfully imported marihuana, in violation of 21 U.S.C. § 176a. Appealing to this court Carson contends that the trial court erred in refusing to give instructions requested by him, or any instructions, relevant to the defense of entrapment.

Where the issue of entrapment is present, and there is conflicting testimony and credibility factors are involved, the trial court is required to submit the issue to the jury. Walker v. United States, 9 Cir., 298 F.2d 217, 225 . An issue of entrapment is presented if a defendant makes such a contention during his trial and if there is evidence supporting the contention.

Carson made such a contention during his trial. His counsel, proceeding in accordance with Rule 30, Federal Rules of Criminal Procedure, 18 U.S.C.A., filed a written request that the court instruct the jury on the law of entrapment. Counsel submitted two proposed instructions on the subject in support of this request. An issue of entrapment was therefore presented if this contention was…