The following excerpt is from United States v. Haseltine, 415 F.2d 334 (9th Cir. 1969):
We need not decide whether the proffered defense would be legally sufficient. But see Dugdale v. United States, 389 F.2d 482, 485-486 (9th Cir. 1968). The trial judge, sitting as the trier of fact, rejected defendant's contention on a factual basis. We cannot say that the judge could not reasonably conclude beyond a reasonable doubt that defendant was not misled.
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