Jose Doroteo Garibay-Garcia v. United States

Appellant appeals from a judgment of conviction on two counts based on the smuggling of 530 pounds of marijuana across the Mexican-American border at the gate in the Woodbine Check of the All-American Irrigation Canal, one hundred yards north and west of the International Border and seven miles west of Calexico, California.

But two issues are raised on this appeal : (1) the refusal of the trial judge to order the government to name its informant; and (2) the refusal of the court to instruct on the issue of entrapment.

Appellant’s present defense was that while he did in fact physically deliver some of the 530 pounds of marijuana across the border, he did not know it was the United States border, thinking it was merely a border of a state of Mexico.

Thus at the trial, he did not admit the crime, but insisted he had not committed it (contrary to his earlier confession to customs agent Landa). Having denied the possession of the marijuana, and that he negotiated for its sale and delivered the written note specifying the $7,290 price (all as testified to by government witnesses), he was in no position to ask for an instruction on entrapment. “[Ajbsent the commission of a crime,…