Vivian Brown v. United States

372 F.2d 478

Vivian BROWN, Appellant, v. UNITED STATES of America, Appellee.

No; 20333

United States Court of Appeals Ninth Circuit.

Jan. 30, 1967. Rehearing Denied March 3, 1967.

S. Carter McMorris, Sacramento, Cal., for appellant.

Cecil F. Poole, U.S. Atty., William B. Shubb, Asst. U.S. Atty., Sacramento, Cal., for appellee.

Before MERRILL and DUNIWAY, Circuit Judges, and WOLLENBERG, District judge.

PER CURIAM.

Brown was convicted on four counts, two charging violation of 21 U.S.C. 174, and two charging violation of 26 U.S.C. 4705. She was sentenced to a term of imprisonment for five years on each count to run concurrently.

Of the many points raised by appellant, only the entrapment issue concerns us. Appellant's other contentions in regard to the constitutionality of 21 U.S.C. 174 have long been put to rest by numerous decisions in this Circuit. See e.g., Ramirez v. United States, 350 F.2d 306 (9th Cir. 1965); Pool v. United States, 344 F.2d 943 (9th Cir. 1965); Brown v. United States, 370 F.2d 874 (9th Cir. 1966).

As in most entrapment cases, we are here faced with the presence of a government informant. The informant, Munoz, testified that he had known appellant…