UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ROBERT S. HODAS, DEFENDANT-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the defendant was not entrapped as a matter of law, and the government proved predisposition beyond a reasonable doubt.
Undercover officers inquired about marijuana, and the defendant offered to sell them peyote. The defendant was convicted of violating 21 U.S.C. § 841(…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Predisposition cases and more on FLexlaw
PER CURIAM:
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 at the University of Arizona, and that the police initiated the association and opened the discussion leading to the offense. On the other hand, it was proved that Hodas was especially in need of money at the time he sold the peyote and that the offer to sell that particular •substance was presented by him without there having been any previous importunity by the police. The district judge had the opportunity to weigh the credibility of Hodas, who testified in his own behalf, and, in the light of the whole record, we cannot say that the District Court’s resolution of the critical issue was erroneous. Here, we most assuredly have no intolerably overreaching conduct on the part of the police, such, for example, as that which occurred in United States v. Russell, 459 F. 2d 671 (9th Cir. 1972), and Greene v. United States, 454 F. 2d 783 (9th Cir. 1971).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Ewbank, 483 F.2d 1149 (9th Cir. 1973)
-
United States v. Basey, 468 F.2d 194 (9th Cir. 1972)
Authorities Cited
- Notaro v. United States, 363 F.2d 169 (9th Cir. 1966)
- Greene v. United States, 454 F.2d 783 (9th Cir. 1971)
- Gerzin v. Beto, 459 F.2d 671 (5th Cir. 1972)
- United States v. Russell, 459 F.2d 671 (9th Cir. 1972)