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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. 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 …

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. 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. 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 …