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United States v. Glenn Lasuita

Citations: 752 F.2d 249; 1985 U.S. App. LEXIS 27852Docket: 83-1478

Court: Court of Appeals for the Sixth Circuit; January 18, 1985; Federal Appellate Court

Narrative Opinion Summary

In this appeal, the central issue was whether the District Court properly addressed a jury question related to the entrapment defense, ultimately finding the jury was misled and necessitating a new trial. The defendant was charged after purchasing marijuana from DEA agents posing as suppliers, following persistent offers by a confidential informant. The trial court instructed the jury on entrapment, clarifying that entrapment occurs when a defendant, initially lacking criminal intent, is induced by law enforcement. The jury expressed confusion during deliberations, questioning the government's burden to prove the defendant's predisposition. The District Judge's response to the jury's inquiry was deemed misleading, as it suggested the government did not need to establish predisposition prior to law enforcement contact. This error warranted reversal and a new trial. Furthermore, the court affirmed the admissibility of testimony regarding DEA reverse-buy techniques, considering the entrapment defense. The appellate decision underscores the critical role of jury instructions in evaluating predisposition and government inducement in entrapment cases.

Legal Issues Addressed

Admissibility of Reverse-Buy Technique Testimony

Application: The court upheld the admissibility of testimony regarding DEA reverse-buy techniques, finding it relevant in light of the entrapment defense.

Reasoning: Additionally, the court upheld the District Court's decision to allow DEA agent testimony regarding reverse-buy techniques, finding it appropriate given the defense of entrapment raised by the defendant.

Entrapment Defense Requirements

Application: The court examined whether the defendant, lacking prior intent, was persuaded by law enforcement to commit a crime, and clarified the government's burden of proof regarding predisposition.

Reasoning: The jury was instructed to determine if the defendant was predisposed to commit the crime prior to any government inducement. If the jury found reasonable doubt regarding the defendant's predisposition, they were to acquit him, as the burden of proof lies with the government to demonstrate that the defendant was not entrapped.

Jury Instructions on Entrapment

Application: The district judge provided and clarified jury instructions on entrapment, emphasizing that mere provision of opportunity by law enforcement does not constitute entrapment if the defendant was predisposed.

Reasoning: The District Judge instructed the jury on the definition of entrapment, emphasizing that it occurs when law enforcement persuades an otherwise unwilling individual to commit a crime, while noting that mere opportunity provided to a predisposed individual does not constitute entrapment.

Reversible Error in Jury Instruction

Application: The appellate court found the District Court's response to a jury question misleading, as it suggested the government need not prove the defendant's predisposition before contact, warranting a new trial.

Reasoning: The appellant argues that the District Court's response was a reversible error, as it implied the Government was not required to demonstrate the defendant's predisposition to commit the crime before engaging with government agents.