United States v. Jerry Lee Hendricks

Hendricks was charged with nine counts of possession and sale of heroin. It was alleged that, on three separate occasions in October and November 1969, Hendricks received, concealed, and sold heroin to a government agent, in violation of 21 U.S.C. § 174 and 26 U.S.C. § 4705 (a).

On appeal Hendricks attacks the entrapment instruction given by the trial court judge, arguing that an alternative instruction on that subject should have been given.

We consider only the sale on October 28, 1969. Special Agent Chemes of the Federal Bureau of Narcotics and Dangerous Drugs testified that he was introduced to Hendricks on the evening of October 28 by one Angelo Provenzano, an informant. They met at the Daisy Mae Bar in Santa Ana, California.

A transaction had already been arranged whereby Hendricks would sell an ounce of heroin to Chemes. Chemes asked if Hendricks had the narcotics and the latter replied that they were hidden in the parking lot outside the tavern. Hendricks offered to sell the heroin for $450, stating that this price would leave him with a profit of only $25.

The three men then left the tavern, Provenzano and Chemes entering the informant’s car while Hendricks went to…