United States of America, and v. Wally Borek , 454 F.2d 1176 ( 1971 )

454 F.2d 1176

UNITED STATES of America, Plaintiff and Appellee,
v.
Wally BOREK, Appellant.

No. 71-2041.

United States Court of Appeals,
Ninth Circuit.

Dec. 10, 1971.

Appeal from the United States District Court for the Western District of Washington; William T. Beeks, Judge.

James F. McAteer (argued), of Lenihan, Ivers Jensen & McAteer, Seattle, Wash., for appellant.

Douglas D. McBroom, Asst. U. S. Atty. (argued), Stan Pitkin, U. S. Atty., Stuart F. Pierson, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before CHAMBERS, CARTER and WRIGHT, Circuit Judges.

PER CURIAM:

1

The judgment of conviction is affirmed.

2

The main point is entrapment as a matter of law. The trial judge found against the defendant. The issue was then submitted to the jury, which obviously found against him.

3

See Sherman v. United States, 356 U.S. 369, 78 S.Ct. 819, 2 L.Ed.2d 848; United States v. Tatar, 9 Cir., 439 F.2d 1300; and Greene v. United States, 9 Cir., 454 F.2d 783 (filed November 23, 1971).