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Lewis v. United States

United States Court of Appeals, First Circuit
Nov 2, 1965
352 F.2d 799 (1st Cir. 1965)

Opinion

No. 6610.

Argued November 10, 1965.

Decided November 2, 1965. Certiorari Granted January 31, 1966. See 86 S.Ct. 646.

S. Myron Klarfeld, Boston, Mass., for appellant.

Edward J. Lee, Asst. U.S. Atty., with whom W. Arthur Garrity, Jr., U.S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, HASTIE and McENTEE, Circuit Judges.

Sitting by designation.


Defendant, convicted of selling marihuana to a government agent who had misrepresented his identity, claims an unlawful search and seizure because, thus misled by the agent, he invited him to his home and there made the sales. The happy days for law violators that this claim would produce are not to be. This is not a case of a government agent gaining access for an apparently proper purpose in order to seize surreptitiously evidence of a prior crime, Gouled v. United States, 1921, 255 U.S. 298, 41 S.Ct. 261, 65 L.Ed. 647, but is one in which the agent was invited for precisely the purpose for which he went. Short of entrapment, not here maintainable, defendant can no more assert that he would not have opened the door to the agent than he can assert that he would not have made the sale. His reliance upon Escobedo v. State of Illinois, 1964, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, is quite misplaced. United States v. Pasquinzo, 6 Cir., 1964, 334 F.2d 74.

Affirmed.


Summaries of

Lewis v. United States

United States Court of Appeals, First Circuit
Nov 2, 1965
352 F.2d 799 (1st Cir. 1965)
Case details for

Lewis v. United States

Case Details

Full title:Duke Lee LEWIS, a/k/a Lee D. Lewis, Defendant, Appellant, v. UNITED STATES…

Court:United States Court of Appeals, First Circuit

Date published: Nov 2, 1965

Citations

352 F.2d 799 (1st Cir. 1965)

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