United States v. Richard Russell

Russell was convicted on three counts of violating the Federal Food and Drug Laws in manufacturing, processing, delivering, and selling a prohibited depressant or stimulant drug, methamphetamine. 21 U.S.C. §§ 331 (q) (1), (2); 360a(b). In this appeal, Russell urges that the participation of a Government Agent in the crimes was so overreaching as to constitute entrapment as a matter of law.

In December, 1969, a Special Agent of the Bureau of Narcotics and Dangerous Drugs met with Russell and several of the latter’s codefendants. The Agent claimed that he represented an organization anxious to control the manufacture and distribution of methamphetamine in the Pacific Northwest, and he offered to supply the chemical Phenyl-2-Propanone in exchange for one-half of the methamphetamine to be manufactured therewith. An agreement was reached, and several days later, the Agent provided the Phenyl-2-Propanone, and the methamphetamine was produced with the Agent’s assistance. He received his share and also purchased an additional amount of the finished product from Russell.

The challenged conduct on the part of the Government’s Agent was the supplying of the Phenyl-2-Propanone, a chemical…

(dissenting):

The majority reverses this judgment of conviction upon the ground that the “participation of a Government Agent in the crimes was so overreaching as to constitute entrapment as a matter of law.” I respectfully disagree.

The case was tried to a jury and the court sustained the verdict and rendered judgment thereon. There is no question but that Russell did the things he was charged with doing. In his brief to this court he states:

There was no error claimed in any instruction given or refused. The “overreaching participation” relied upon by the majority is the conduct of the government agent in supplying Phenyl-2-Propanone to the defendant and his fellow manufacturers. This chemical is essential to the manufacture of methamphetamine. The opinion states that it could not have been obtained had the government agent not supplied it. I would disagree with the rationale of the majority assuming its recital of facts is correct. I particularly dissent when the facts as I read them completely fail to support the factual recitals upon which the opinion is based. The thesis is that the three individuals involved would not have been able to manufacture the product and sell it…

459 F.2d 671 UNITED STATES of America, Appellee, v. Richard RUSSELL, Appellant. No. 26485. United States Court of Appeals, Ninth Circuit. April 6, 1972. Robert E. Prince, of Stern, Gayton, Neubauer & Brucker, Seattle, Wash., for appellant. Stan Pitkin, U.S. Atty., Charles Pinnell, Asst. U.S. Atty., Seattle, Wash., for appellee. Before KOELSCH, ELY and TRASK, Circuit Judges. ELY, Circuit Judge. 1 Russell was convicted on three counts of violating the Federal Food and Drug Laws in manufacturing, processing, delivering, and selling a prohibited depressant or stimulant drug, methamphetamine. 21 U.S.C. Secs. 331 (q)(1), (2); 360a(b). In this appeal, Russell urges that the participation of a Government Agent in the crimes was so overreaching as to constitute entrapment as a matter of law. 2 In December, 1969, a Special Agent of the Bureau of Narcotics and Dangerous Drugs met with Russell and several of the latter's codefendants. The Agent claimed that he represented an organization anxious to control the manufacture and distribution of methamphetamine in the Pacific Northwest, and he offered to supply the chemical Phenyl-2-Propanone in exchange for one-half of the methamphetamine to…