Martin Guerrero Souza v. Walter E. Craven, Warden

Martin Guerrero Souza, appellant herein, was convicted in a California state court for two counts of violation of section 11501, California Health and Safety Code — sale of heroin. His conviction was affirmed by the Court of Appeal, First Appellate District, in an unreported opinion, and the California Supreme Court declined to review. His petition for a writ of habeas corpus in the United States District Court for the Northern District of California was denied, and he filed a timely appeal to this court.

Petitioner makes three contentions. First, he contends that entrapment was established as a matter of law. Second, he claims that the prosecution made knowing use of perjured testimony at his trial. Third, he claims that allowing the informer-agent to testify as to statements made by petitioner in the course of the sale violated petitioner’s Fifth and Sixth Amendment rights.

The district court had before it, as do we, the record of petitioner’s state court trial. This record clearly establishes that the question of entrapment was disputed and was properly submitted to the jury which found against appellant. This court has said in Enciso v. United States, 370 F.2d 749 (9th Cir.…