Samuel Jacento Ortega v. United States

Appellant Ortega was indicted by a federal grand jury on May 27, 1964 in four counts for violation of Title 21, United States Code, Section 174 . The indictment charged appellant with the concealment and sale of 1.140 grams of heroin on April 24,1964 (Counts 1 and 2) and of 8.800 grams of heroin in a separate transaction on the same day, April 24, 1964 (Counts 3 and 4).

Following trial by jury, a verdict of guilty was returned against appellant as to all counts. The appellant was sentenced to the custody of the Attorney General for a period of five years on each count, the sentences to run concurrently. A timely notice of appeal was filed. Appellant requested permission to appeal in forma pauperis, and was granted his request by the district court.

The jurisdiction of the district court rested on Title 18, United States Code, Section 3231 and Title 21, United States Code, Section 174 . This court has jurisdiction under Title 28, United States Code, Sections 1291 and 1294.

We accept appellee’s general statement of the facts.

The single issue raised on this appeal is whether defendant was entitled to an instruction on entrapment.

“Entrapment” is a word of art having a precise…