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Denial of Entrapment Defense, Request for CI Disclosure Upheld

By Shari Allison

United States v. Vincent, ___ F.3d ___ , 2010 WL 2902748 (10th Cir. 2010) (Ut.). The Court holds that the district court properly denied an entrapment defense and properly denied disclosure of the confidential informant (CI). The DEA, unsuccessful in its undercover buy from Mr. Big, enlisted a CI to hook them another person who knew Mr. Big, to turn that person into a CI for them. So the CI arranged for defendant to make a sale to an undercover DEA?the basis for the entrapment defense?and when Defendant was busted, he was asked to be a CI against Mr. Big. D agreed, but proceeded to expose the undercover DEA, and it all went south for Defendant. Court says the standard for getting the instruction is sufficient evidence from which a reasonable jury could find entrapment, with evidence viewed in a light most favorable to the defendant...continue to full post

Full post as published by Tenth Circuit Blog on August 04, 2010 (boomark / email).