United States v. Leroy Short

GODBOLD, Circuit Judge

(specially concurring):

I concur in the result. Under the rule of this Circuit, the defense of entrapment was not available to the defendant because he denied commission of the acts constituting the offense. United States v. Crowe, 430 F.2d 670 (5th Cir. 1970), and authorities there cited. Pierce v. United States, cited by the majority, concerned the necessity, or lack of necessity, for giving instructions where the defense of entrapment is available. That question is inappropriately reached in this case.