Leonard Joseph Blackwell v. United States

Following trial to the court sitting without a jury, trial by jury having been expressly waived by appellant in the form and manner set forth in Rule 23(a) F.R. Crim.P., appellant was convicted on each count of a three-count indictment charging violations of the narcotic laws of the United States.

The district court sentenced appellant to five years imprisonment on each of Counts One and Two, the sentences to run concurrently, and on Count Three imposition of sentence was suspended and appellant placed on probation for a period of five years.

The main question presented on this appeal is whether the district court erred in failing to acquit the appellant on the ground that the evidence establishes as a matter of law his defense of entrapment.

Appellant concedes that the evidence produced by the Government fully supports the charges contained in the indictment. In fact, appellant acknowledges that facts testified to by appellant in his own behalf would likewise support the charges contained in the indictment. Hence, our task is to determine whether the testimony of appellant, the two witnesses called by the appellant, and appellant’s offer of proof, establish as a matter of law…