Victor A. Enciso v. United States

Enciso was found guilty by a jury on each count of a six count indictment. Each count charged a violation of 21 U.S.C. § 174 . He was sentenced to 10 years on each, all sentences concurrent. The evidence is that on three occasions Enciso sold heroin to one Peterson, 3.8 grams on June 16, 1965 for $50.00, 8.4 grams on July 14, 1965 for $50.00, and 12.2 grams on July 30, 1965 for $100.00.

The sole defense was entrapment. Peterson’s testimony, corroborated in part by that of government agents, fully supports the conviction. Enciso took the stand, admitted the sales, but endeavored to show that he was entrapped. On appeal, his principal contention is that the evidence shows entrapment as a matter of law. We think not. It is true that the picture presented by the record is not a pretty one. Peterson, who had been an addict for many years, was convicted for forging narcotic prescriptions sometime before 1952, and met Enciso while both were inmates of the California state prison at Chino. He did not see Enciso again until late in 1962. Peterson was released in 1953, and was later convicted of the sale of narcotics and sentenced to 20 years in federal prison. This was reduced to 5 years,…