United States v. Freddie Moore

Moore was charged in a three-count indictment with concealment of illegally imported narcotics and illegal sale of narcotics, violations of 21 U.S.C. § 174 , and with illegal transfer of narcotics in violation of 26 U.S.C. § 4705 . He was convicted on all three counts. We affirm.

1. Entrapment.

Moore argues that entrapment was established as a matter of law. Had the jury chosen to accept Moore's story, it could have found entrapment. But there was also substantial evidence on the basis of which the jury could find, beyond a reasonable doubt, that while the government afforded Moore an opportunity to commit the offenses, nevertheless, Moore was not subjected by the government to “persuasion or pressure * * * which induce[d]” him to commit the offenses when he “had no predisposition to do so.” United States v. Walton, 9 Cir. 1969, 411 F.2d 283, 288 .

2. The Allen instruction.

Moore argues that it was error to give the so-called Allen or dynamite instruction after the jury had indicated inability to reach a unanimous verdict. On this record, the point is not available. Appellant’s counsel examined the instruction now objected to before it was read to the jury. He did not object…