Arthur Lira Ayala v. United States

In a three-count indictment, the appellant was charged with three offenses, namely, illegal concealment and transportation of narcotics, 21 U.S.C. § 176a, illegal sale of narcotics, 21 U.S.C. § 176a, and transfer of narcotics without having obtained a written order of the transferee on a form issued by the Government for that purpose, 26 U.S.C. §§ 4742 (a), 7237. In a jury trial, he was convicted of each of the alleged violations. He was sentenced to confinement for a period of five years on each of the counts with the provision that the three sentences be served concurrently. The only point which he presents in this appeal is that the District Court improperly refused his request that the jury be given instructions pertaining to the issue of entrapment. There is no showing that any specific instruction relating to the issue was requested as is required by Rule 30, Federal Rules of Criminal Procedure.

The record discloses that the sale of which appellant was accused in Count Two, upon which sale the Count Three charge of transfer without a written order was based, occurred through the intervention of a government agent. This being true, and the appellant having asserted the…