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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 …

U.S. v. Knox, No. 96-50340 (5th Cir.) (112 F.3d 802) (May 1, 1997) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Knox, No. 96-50340 (5th Cir.) (112 F.3d 802) (May 1, 1997) (Judge Harold R. Jr. DeMoss) by Case held that a preacher was entrapped as a matter of law, holding the Government had attempted to turn two harmless, though weak, foolish and greedy men into felons. The Government …

U.S. v. Rector, No. 96-1952 (7th Cir.) (111 F.3d 503) (April 11, 1997) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Entrapment by Estoppel

U.S. v. Rector, No. 96-1952 (7th Cir.) (111 F.3d 503) (April 11, 1997) (Judge Daniel A. Manion) by The Court stated: ""[T]he adjustment [for acceptance of responsibility] is rarely available to those who assert entrapment, a defense that by its nature tends to preclude the acceptance of responsibility. Essentially, the …

U.S. v. Paredes, No. 96 Cr. 286 (SAS) (S.D.N.Y.) (950 F.Supp. 584) (December 9, 1996) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Jurisdiction - Manufactured

U.S. v. Paredes, No. 96 Cr. 286 (SAS) (S.D.N.Y.) (950 F.Supp. 584) (December 9, 1996) (Judge Shira A. Scheindlin) by Court granted a motion to dismiss an indictment on the grounds that the alleged jurisdictional basis for the indictment was the intrastate use of a beeper. With obvious concern about …

U.S. v. Washington, No. 95-3097 (D.C. Cir.) (106 F.3d 983) (February 21, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Washington, No. 95-3097 (D.C. Cir.) (106 F.3d 983) (February 21, 1997) (Per Curiam) by Although the Court failed to grant any relief, it at least acknowledged the "derivative entrapment defense" where a defendant is induced to commit a crime derivatively when the inducement comes from a pawn of …

U.S. v. Montanez, No. 96-1036 (1st Cir.) (105 F.3d 36) (January 28, 1997) (Judge Paul J. Barbadoro)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Montanez, No. 96-1036 (1st Cir.) (105 F.3d 36) (January 28, 1997) (Judge Paul J. Barbadoro) by This is a rare case that shows how persistence sometimes pays off. Here, a drug conviction was vacated because the First Circuit felt that the trial judge had not properly explained the …

U.S. v. Montanez, No. 96-1036 (1st Cir.) (105 F.3d 36) (January 28, 1997) (Judge Paul J. Barbadoro)

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

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Montanez, No. 96-1036 (1st Cir.) (105 F.3d 36) (January 28, 1997) (Judge Paul J. Barbadoro) by Conviction reversed because jury instructions did not adequately explain meaning of improper inducement for purposes of entrapment defense.

U.S. v. Odeesh, No. 92-CR-80802 (E.D.Mich.) (937 F.Supp. 637) (February 6, 1996) (Judge John Corbett O'Meara)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Odeesh, No. 92-CR-80802 (E.D.Mich.) (937 F.Supp. 637) (February 6, 1996) (Judge John Corbett O'Meara) by Court granted a judgment of acquittal based on a "patently clear absense of predisposition.". This is an important entrapment case that gives vitality and fresh meaning to the concept of "predisposition" and raises …

U.S. v. Cecil, No. 95-3409 (10th Cir.) (96 F.3d 1344) (September 25, 1996) (Judge Bobby R. Baldock)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Entrapment

U.S. v. Cecil, No. 95-3409 (10th Cir.) (96 F.3d 1344) (September 25, 1996) (Judge Bobby R. Baldock) by United States v. Alerta, 96 F.3d 1230 (9th Cir. 1996) (Judge Canby) United States v. Cecil, 96 F.3d 1344 (10th Cir. 1996) (Judge Baldock) Here are two cases that focus on the …

U.S. v. Hernandez, No. 95-50667 (5th Cir.) (92 F.3d 309) (August 12, 1996) (Per Curiam)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Hernandez, No. 95-50667 (5th Cir.) (92 F.3d 309) (August 12, 1996) (Per Curiam) by Case held that the pattern jury instructions used (which are set forth in the decision in full) adequately informed the jury that any predisposition by defendant to commit the crime had to precede the …

U.S. v. Spires, No. 95-40176 (5th Cir.) (79 F.3d 464) (March 21, 1996) (Judge John M. Jr. Duhé)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Entrapment by Estoppel

U.S. v. Spires, No. 95-40176 (5th Cir.) (79 F.3d 464) (March 21, 1996) (Judge John M. Jr. Duhé) by This case explores the elusive concept of "entrapment by estoppel", which the Fifth Circuit observes "is applicable when a government official or agent actively assures a defendant that certain conduct is …

U.S. v. Smith, No. 90-1751 (1st Cir.) (940 F.2d 710) (July 16, 1991) (Judge Levin H. Campbell)

Article • January 1, 1994

Filed under: Punch And Jurists, Entrapment by Estoppel

U.S. v. Smith, No. 90-1751 (1st Cir.) (940 F.2d 710) (July 16, 1991) (Judge Levin H. Campbell) by Here the Court outlined the burdens of proof that a defendant must meet to assert and prove successfully a defense of entrapment by estoppel. The Court held that a defendant must establish …

U.S. v. Hollingsworth, No. 92-2399 (7th Cir.) (27 F.3d 1196) (June 2, 1994) (Judge Richard A. Posner)

Article • January 1, 1994

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Hollingsworth, No. 92-2399 (7th Cir.) (27 F.3d 1196) (June 2, 1994) (Judge Richard A. Posner) by In this case a sharply divided en banc Court attempted to "clarify" the meaning of predisposition - the critical issue to be determined when a person claims the defense of entrapment. In …

U.S. v. Skarie, No. 91-50007 (9th Cir.) (971 F.2d 317) (July 28, 1992) (Judge Dorothy Wright Nelson)

Article • January 1, 1994

Filed under: Punch And Jurists, Predisposition/Inducement

U.S. v. Skarie, No. 91-50007 (9th Cir.) (971 F.2d 317) (July 28, 1992) (Judge Dorothy Wright Nelson) by This is one of those rare cases in which a drug conviction was vacated because the court found that the Government had failed to prove that the defendant had the required "predisposition" …