(concurring) :
I concur in the judgment of the Court and in most of the majority’s opinion. I disassociate myself, however, from the essay on the law of entrapment contained in Part I of the opinion and the extensive dicta with regard to issues neither raised nor argued. While I express no present disapproval of Kadis v. United States, 373 F.2d 370 (1 Cir. 1967), I see no necessity at this time for adopting all of its holdings or its articulation of the basis for decision. To me defendant’s entrapment arguments are answered sufficiently by the citation of our previous decision in Newman v. United States, 299 F. 128 (4 Cir. 1924).
With regard to sentencing, I stress that my concurrence rests solely upon my acceptance of the district judge’s statement that he did not rely upon the presentence report in sentencing. If he was not going to rely on it, I suggest that the better practice would have been for him not to read it, lest it have some effect on him of which he was not aware. If he was going to rely on it, my view is that he should then exhibit it to counsel. See my separate opinion in Baker v. United States, 388 F.2d 931 (4 Cir. 1968). See also State v. Kunz, 55 N.J. 128, 259 A.2d 895; Waller v. Florida, 213 So.2d 623, cert. granted, 395 U.S. 975, 89 S.Ct. 2125, 23 L.Ed.2d 764, June 23, 1969.