United States v. Eddie Everett Gonzales, United States of America v. Cecil Charles Stine and Edward Kilpatrick

Appellants were convicted of conspiracy to counterfeit United States currency, 18 U.S.C. §§ 371 ,471; possession of similitudes of United States currency, id. § 474; and executing a print, photograph or impression in the likeness of United States currency, id.

Two government agents, Richardson and Feltman, joined the operation after it had been under way, but prior to any actual printing. The agents were actively involved in purchasing ink and other supplies, as well as a functioning press to replace a defective one previously acquired by the appellants. They also prepared the photostatic negatives and participated in the operation of the press which produced the similitudes. Appellants do not argue that they were entrapped. They concede that they were predisposed to commit the offense; an entrapment defense is therefore foreclosed to them. Hampton v. United States, - U.S. -, 96 S.Ct. 1646 , 48 L.Ed.2d 113 (1976); United States v. Gonzales, 537 F.2d 1051 (9th Cir. 1976).

Appellants do argue, however, that the involvement of the government agents in the printing of the similitudes was so unfair as to violate due process. Interpreting the Supreme Court’s recent entrapment…