Henry Ortiz v. United States

The grand jury for the Southern District of California, Central Division, in- dieted Henry Ortiz, appellant herein, charging him on five counts with the sale and concealment of heroin in violation of 21 U.S.C. § 174 . After a jury trial appellant was convicted of all five counts and was sentenced to a term of imprisonment. A timely appeal was taken to this court which has jurisdiction under 28 U.S.C. § 1291 .

Four contentions of error are made by appellant: (1) that the district court prejudicially erred by failing to instruct the jury on the question of entrapment; (2) that certain evidence was wrongly admitted; (3) that the district court erred in failing to instruct the jury that the testimony of the informer should be carefully scrutinized; and (4) that the evidence was insufficient to support the verdict of guilty.

The record discloses that a Miss Elaine Guitón, a government informer, testified that from August 24 to August 28, 1964, she had various conversations and meetings with appellant, during which there occurred the sales and concealments of heroin by appellant which were charged in the indictment against him. The informer testified that after each purchase of heroin…