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U.S. v. White, No. 05-6596 (6th Cir.) (503 F.3d 487) (October 5, 2007) (Per Curiam)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, Post-Apprendi Challenges

U.S. v. White, No. 05-6596 (6th Cir.) (503 F.3d 487) (October 5, 2007) (Per Curiam) by

U.S. v. Carriles, No. EP-07-CR-00087-KC (W.D.Tex.) (486 F.Supp.2d 599) (May 8, 2007) (Judge Kathleen Cardone)

Article • July 1, 2007 • from P&J July, 2007

Filed under: Punch And Jurists, Government Deception and Trickery

U.S. v. Carriles, No. EP-07-CR-00087-KC (W.D.Tex.) (486 F.Supp.2d 599) (May 8, 2007) (Judge Kathleen Cardone) by The defendant in this case, Luis Posada Carriles, a 79-year old Cuban national, was indicted for making false statements in connection with his application for U.S. citizenship. He moved to suppress various statements and …

U.S. v. Alverez-Tejeda, No. 06-30289 (9th Cir.) (491 F.3d 1013) (June 8, 2007) (Judge Alex Kozinski)

Article • May 1, 2007 • from P&J July, 2007

Filed under: Punch And Jurists, Government Deception and Trickery

U.S. v. Alverez-Tejeda, No. 06-30289 (9th Cir.) (491 F.3d 1013) (June 8, 2007) (Judge Alex Kozinski) by In this case, the DEA pushed the concepts of deception, trickery and chicanery to their finite extremes - and then some. Judge Kozinski described how the DEA orchestrated its elaborate ruse with these …

U.S. v. Goodwin, No. 01-3070 (D.C. Cir.) (317 F.3d 293) (January 31, 2003) (Judge Stephen F. Williams)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Entrapment

U.S. v. Goodwin, No. 01-3070 (D.C. Cir.) (317 F.3d 293) (January 31, 2003) (Judge Stephen F. Williams) by Interpreting Application Note 14 to U.S.S.G. § 2D1.1, the Court held that when a defendant seeks a downward departure in a reverse sting operation based on claim that Government agents set an …

Raley v. Ohio, No. 175 (U.S. Supreme Court) (360 U.S. 433; 79 S.Ct. 1257) (June 22, 2059) (Justice Brennan)

Article • July 29, 2002

Filed under: Punch And Jurists, Entrapment by Estoppel

Raley v. Ohio, No. 175 (U.S. Supreme Court) (360 U.S. 433; 79 S.Ct. 1257) (June 22, 2059) (Justice Brennan) by Here the Court reversed the contempt convictions of several witnesses who refused to testify before Congress based on a defense of entrapment by estoppel, since the appellants had relied on …

Cox v. Louisiana, No. 24 (U.S. Supreme Court) (379 U.S. 536; 85 S.Ct. 453) (January 18, 2065) (Justice Goldberg)

Article • May 25, 2002

Filed under: Punch And Jurists, Entrapment by Estoppel

Cox v. Louisiana, No. 24 (U.S. Supreme Court) (379 U.S. 536; 85 S.Ct. 453) (January 18, 2065) (Justice Goldberg) by This case is part of the Supreme Court's line of cases dealing with the topic of entrapment by estoppel - a narrow exception to the general rule of law that …

Sorrells v. U.S., No. 177 (U.S. Supreme Court) (287 U.S. 435; 53 S.Ct. 210) (December 19, 2032) (Justice Hughes)

Article • February 26, 2001

Filed under: Punch And Jurists, Predisposition/Inducement

Sorrells v. U.S., No. 177 (U.S. Supreme Court) (287 U.S. 435; 53 S.Ct. 210) (December 19, 2032) (Justice Hughes) by This is the Supreme Court's seminal decision on entrapment, and it held that law enforcement officers, in their zeal to prosecute crimes, may not instigate the crime when the person …

U.S. v. Poehlman, No. 98-50631 (9th Cir.) (217 F.3d 692) (June 27, 2000) (Judge Alex Kozinski)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Poehlman, No. 98-50631 (9th Cir.) (217 F.3d 692) (June 27, 2000) (Judge Alex Kozinski) by We have often wondered how much money the Government must spend creating pornography in its attempts to catch all the perverts that are out there. There are entire Government departments that spend their …

U.S. v. Brooks, No. 99-3448 (8th Cir.) (215 F.3d 842) (June 14, 2000) (Judge Gerald W. Heaney)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Brooks, No. 99-3448 (8th Cir.) (215 F.3d 842) (June 14, 2000) (Judge Gerald W. Heaney) by It is a rare occurrence when a court finds that entrapment occurred as a matter of law - so when such a case comes along it is worth taking notice. In this …

Jacobson v. U.S., No. 90-1124 (U.S. Supreme Court) (503 U.S. 540; 112 S.Ct. 1535) (April 6, 1992) (Justice White)

Article • February 20, 2000

Filed under: Punch And Jurists, Predisposition/Inducement

Jacobson v. U.S., No. 90-1124 (U.S. Supreme Court) (503 U.S. 540; 112 S.Ct. 1535) (April 6, 1992) (Justice White) by In this case, the defendant was prosecuted for buying child pornography, and convicted, after the Government engaged in an elaborate sting operation. The pornography was furnished him by government agents, …

U.S. v. Warwick, No. 97-5984 (6th Cir.) (167 F.3d 965) (February 10, 1999) (Judge Eric L. Clay)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Warwick, No. 97-5984 (6th Cir.) (167 F.3d 965) (February 10, 1999) (Judge Eric L. Clay) by This case is noted for the Sixth Circuit's ruling on the Government appeal from the district court's (Judge Jarvis) dismissal of a gun charge under 18 U.S.C. § 924(c) based on "outrageous …

U.S. v. Gamache, No. 97-2418 (1st Cir.) (156 F.3d 1) (August 5, 1998) (Judge Juan R. Torruella)

Article • October 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Gamache, No. 97-2418 (1st Cir.) (156 F.3d 1) (August 5, 1998) (Judge Juan R. Torruella) by This is one of those rare cases in which a conviction was overturned "because the evidence raise[d] a reasonable doubt that the Government improperly induced a citizen to commit crimes that he …

U.S. v. Brace, No. 96-50352 (5th Cir.) (145 F.3d 247) (June 24, 1998) (Judge Rhesa Hawkins Barksdale)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Brace, No. 96-50352 (5th Cir.) (145 F.3d 247) (June 24, 1998) (Judge Rhesa Hawkins Barksdale) by We first wrote about this entrapment case in the June 9, 1997 issue of Punch and Jurists, where the panel's original decision was reported sub nom. U.S. v. Knox, 112 F.3d 802 …

U.S. v. Sligh, No. 97-4284 (4th Cir.) (142 F.3d 761) (April 29, 1998) (Judge J. Michael Luttig)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Sligh, No. 97-4284 (4th Cir.) (142 F.3d 761) (April 29, 1998) (Judge J. Michael Luttig) by Case vacated a conviction due to trial error in not giving an entrapment instruction to the jury when there was clear overreaching by an overzealous IRS agent. If nothing else, this case …

U.S. v. Franco, No. 95-50615 (9th Cir.) (136 F.3d 622) (February 11, 1998) (Judge Jr. William C. Canby)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Franco, No. 95-50615 (9th Cir.) (136 F.3d 622) (February 11, 1998) (Judge Jr. William C. Canby) by One of the issues raised in this case was a claim of entrapment - which the court rejected, holding that "A factual dispute concerning inducement and predisposition precludes a finding that …

U.S. v. Thomas, No. 96-50110 (9th Cir.) (134 F.3d 975) (January 22, 1998) (Judge Stephen Reinhardt)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Thomas, No. 96-50110 (9th Cir.) (134 F.3d 975) (January 22, 1998) (Judge Stephen Reinhardt) by It is beyond denial that entrapment has become an indispensable and frequently used tactic in an enormous number of Government prosecutions; and perhaps because it is deemed so critical to the administration of …

U.S. v. Funches, No. 96-5244 (11th Cir.) (135 F.3d 1405) (February 24, 1998) (Judge James Larry Edmondson)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Entrapment by Estoppel

U.S. v. Funches, No. 96-5244 (11th Cir.) (135 F.3d 1405) (February 24, 1998) (Judge James Larry Edmondson) by In this case the court rejected the defendant's proposed jury instruction that he was entitled to have the jury determine whether he had a valid entrapment by estoppel defense. He was charged …

U.S. v. Thomas, No. 96-50110 (9th Cir.) (134 F.3d 975) (January 22, 1998) (Judge Stephen Reinhardt)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Thomas, No. 96-50110 (9th Cir.) (134 F.3d 975) (January 22, 1998) (Judge Stephen Reinhardt) by

U.S. v. Lampley, No. 96-7074 (10th Cir.) (127 F.3d 1231) (October 20, 1997) (Judge Monroe G. McKay)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Lampley, No. 96-7074 (10th Cir.) (127 F.3d 1231) (October 20, 1997) (Judge Monroe G. McKay) by One of the issues raised in this case was a contention by the defendant that the district court had erred by failing to grant him a judgment of acquittal based on entrapment. …

U.S. v. Martinez, No. 96-30178 (9th Cir.) (122 F.3d 1161) (September 4, 1997) (Judge A. Wallace Tashima)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Martinez, No. 96-30178 (9th Cir.) (122 F.3d 1161) (September 4, 1997) (Judge A. Wallace Tashima) by The Ninth Circuit has issued another strong entrapment decision in which it affirmed Judge Panner’s decision to grant a judgment of acquittal on the grounds that the defendant had been unlawfully entrapped …