United States of America, Plaintiff-appellee, v. Charles J. Robinson, Defendant-appellant, 446 F.2d 562 (5th Cir. 1971)

Charles J. Robinson appeals his conviction for selling depressant drugs without a prescription in violation of 21 U.S.C. §§ 321(v) and 331(q) (2).¹  Finding no merit in any of appellant's contentions, we affirm.

Appellant Robinson was a registered pharmacist employed by the Scotland Pharmacy in Scotlandville, Louisiana. On April 10, 1969, Yvonne Bechet, an undercover agent for the Federal Bureau of Narcotics and Dangerous Drugs, went to the Scotland Pharmacy and, without a doctor's prescription, purchased 100 capsules of a depressant drug²  from Robinson. Similar sales were made by Robinson to agent Bechet on April 17, 1969, and on August 7, 1969.

The federal grand jury returned a three-count indictment charging Robinson with illegally selling drugs on these three occasions. At his trial Robinson admitted the unlawful drug sales and asserted the defense of entrapment. According to Robinson's testimony he was an innocent person who committed the crime only because agent Bechet urged him on and appealed to his humanitarian instincts by relating that she was a prostitute who needed the pills to calm the nervous tension brought about by the rigors of her profession. Agent Bechet denied ever telling this story, and the prosecution argued that in any event, Robinson's humanitarian instincts were suspect in view of the undisputed fact that he charged Bechet three times the normal retail price for the capsules.

The jury accepted the government's version of the facts on Counts II and III of the indictment and rendered a verdict of guilty as charged. As to Count I, involving the drug sale on April 10, 1969, the jury was unable to agree upon a verdict. After a presentence investigation the district judge imposed a three-year prison term on each of the guilty counts, to be served concurrently.

On this appeal Robinson contends that the trial court committed reversible error in allowing two government agents to testify over objection that, prior to the purchases by agent Bechet, the Bureau of Narcotics had reports and complaints from local police departments, the state pharmaceutical board, and wholesale drug houses stating that Scotland Pharmacy was engaging in unlawful drug sales. Such testimony was inadmissible hearsay, Robinson asserts, which deprived him of his right to cross-examine the authors of the various reports.

Appellant's argument disregards the law of this circuit. We have repeatedly held that once the defense of entrapment is raised the government may introduce hearsay testimony concerning the defendant's past reputation as bearing upon the defendant's predisposition to commit the crime and the reasonableness of the conduct by the government agents. Washington v. United States, 5 Cir., 1960, 275 F.2d 687; Rocha v. United States, 5 Cir., 1968, 401 F.2d 529; Thompson v. United States, 5 Cir., 1968, 403 F.2d 209. Moreover, in the case of Thompson v. United States, supra, this court specifically approved the use of reputation evidence in the form of testimony which the witness gleaned from the reports of a local police department. The district court was therefore correct in admitting the testimony concerning Robinson's past reputation for illegally selling drugs.

We have carefully considered each of appellant's other contentions and we hold that they are without merit.

The judgment of the district court is

Affirmed.