United States v. Robert S. Hodas

Hodas, a hitchhiker, was given a ride in a vehicle occupied by two undercover police officers. The officers broached the subject of marijuana, inquiring of Hodas if he knew where such might be procured. Hodas replied, in effect, that he did not, but he then remarked that he possessed a quantity of peyote which he would be willing to sell. The ensuing conversation led to an arrangement under which the officers visited the place where Hodas lived and purchased, from Hodas, 3,000 “buttons” of peyote. Ho-das was convicted of having violated 21 U.S.C. § 841 (a)(1), and this appeal followed.

Hodas argues that, as a matter of law, he was entrapped into the commission of his offense. We do not agree. It is true that the prosecution was required, once the issue of entrapment was raised, to prove beyond a reasonable doubt that Hodas was not entrapped by the police. Notaro v. United States, 363 F.2d 169 (9th Cir. 1966). In finding Hodas guilty, the district judge obviously made the determination that the Government had met its burden.

Hodas contends that he was not predisposed to criminal activity, arguing that he had never previously been convicted of crime, that he was an Honors Student…