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U.S. v. Garcia, No. 98-2012 (10th Cir.) (182 F.3d 1165) (July 7, 1999) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Garcia, No. 98-2012 (10th Cir.) (182 F.3d 1165) (July 7, 1999) (Judge David M. Ebel) by Here, joining the Third, Sixth, Ninth and Eleventh Circuits, the Tenth Circuit held that the assertion of an entrapment defense does not preclude a downward departure for acceptance of responsibility under USSG …

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, Entrapment Defense - Effects of Asserting

U.S. v. Brace, No. 96-50352 (5th Cir.) (145 F.3d 247) (June 24, 1998) (Judge Rhesa Hawkins Barksdale) by Here the Court held than an entrapment defense is "a challenge to criminal intent and thus to culpability" and that a defendant who proceeds to trial asserting that defense is not entitled …

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 Defense - Effects of Asserting

U.S. v. Rector, No. 96-1952 (7th Cir.) (111 F.3d 503) (April 11, 1997) (Judge Daniel A. Manion) by Here the Court held that an adjustment for acceptance of responsibility, under USSG § 3E1.1, is rarely available to those who assert the defense of entrapment, since that defense by its nature …

U.S. v. Kirkland, No. 94-3180 (D.C. Cir.) (104 F.3d 1403) (January 24, 1997) (Judge Laurence H. Silberman)

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

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Kirkland, No. 94-3180 (D.C. Cir.) (104 F.3d 1403) (January 24, 1997) (Judge Laurence H. Silberman) by Once again the D.C. Circuit affirmed its hard-and-fast rule that a claim of entrapment defeats any chance of a sentence reduction for acceptance of responsibility under U.S.S.G. § 3E1.1. It also strongly …

Joiner v. U.S., No. 95-9344 (11th Cir.) (103 F.3d 961) (January 22, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

Joiner v. U.S., No. 95-9344 (11th Cir.) (103 F.3d 961) (January 22, 1997) (Per Curiam) by Here the Eleventh Circuit held that the defendant would not have been barred as a matter of law from receiving an adjustment for acceptance of responsibility merely because he asserted an entrapment defense at …

U.S. v. Spriggs, No. 94-3067 (D.C. Cir.) (102 F.3d 1245) (December 17, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Spriggs, No. 94-3067 (D.C. Cir.) (102 F.3d 1245) (December 17, 1996) (Per Curiam) by One of the many issues raised in this case was whether a defendant who asserts the defense of entrapment is entitled to a sentence reduction for acceptance of responsibility under U.S.S.G. § 3E1.1. Although …

U.S. v. Thomas, No. 95-3023 (D.C. Cir.) (97 F.3d 1499) (October 18, 1996) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Thomas, No. 95-3023 (D.C. Cir.) (97 F.3d 1499) (October 18, 1996) (Judge A. Raymond Randolph) by This case shows one of the penalties of claiming the defense of entrapment. Here, the Court affirmed the district court's decision not to grant any sentence reduction for acceptance of responsibility under …

U.S. v. Ing, No. 94-10097 (9th Cir.) (70 F.3d 553) (November 17, 1995) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Ing, No. 94-10097 (9th Cir.) (70 F.3d 553) (November 17, 1995) (Judge Stephen Reinhardt) by Here the Court held that the assertion of an entrapment defense is "not necessarily incompatible with acceptance of responsibility" under U.S.S.G. § 3E1.1. In this case, the defendant's PSI Report flatly stated that …

U.S. v. Fleener, No. 89-5474 (6th Cir.) (900 F.2d 914) (May 6, 1990) (Judge Richard F. Suhrheinrich)

Article • January 1, 1994

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Fleener, No. 89-5474 (6th Cir.) (900 F.2d 914) (May 6, 1990) (Judge Richard F. Suhrheinrich) by For a contrary view, see U.S. v. Kirkland, 104 F.3d 1403 (D.C.Cir. 1997) - which sharply criticized this decision and held that "intent-based defenses" are contests over factual guilt and thus do …

U.S. v. Davis, No. 92-10592 (9th Cir.) (36 F.3d 1424) (February 4, 1994) (Judge Cecil F. Poole)

Article • January 1, 1994

Filed under: Punch And Jurists, Entrapment Defense - Effects of Asserting

U.S. v. Davis, No. 92-10592 (9th Cir.) (36 F.3d 1424) (February 4, 1994) (Judge Cecil F. Poole) by The Court stated: "We note that the district court could not have found that Davis had not accepted responsibility solely because he presented an entrapment defense at trial. In United States v. …