entrapment

41 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6437 Armando Molina v. United States Ninth Circuit 2025-01-31 Denied Response WaivedIFP criminal-defense defendant-rights defense-counsel entrapment sixth-amendment trial-strategy Whether the Sixth Amendment right to determine the objectives of one's own defense is violated when defense counsel, against the defendant's wishes, s…
24A564 James Dean Hanapel v. United States Eighth Circuit 2024-12-10 Presumed Complete entrapment law-enforcement minor-solicitation online-sting sexual-exploitation undercover-operation Question not identified.
23-1082 Atticus Sliter-Matias v. United States Third Circuit 2024-04-04 Denied Response Waived compulsory-process due-process entrapment evidence-tampering fourth-amendment probable-cause search-and-seizure witness-disclosure 1. Whether the admission in evidence of 161 eBay & PayPal accounts seized and modified by them with information obtained from Postal Inspectors to fab…
23-6797 Mark Steven Domingo v. United States Ninth Circuit 2024-02-21 Denied IFP criminal-law due-process entrapment inducement predisposition similar-crimes 1. When a defendant raises an entrapment defense, must the government disprove entrapment by establishing predisposition or a lack of inducement as to…
23-6103 Alvin Celius Andre v. United States Eleventh Circuit 2023-11-22 Denied Response WaivedIFP burden-of-proof constructive-amendment criminal-law criminal-procedure due-process entrapment entrapment-defense prosecutorial-misconduct statutory-interpretation I. Does a constructive amendment occur when the government substitutes Congress's intended object of the actus reus of 18 U.S.C. § 2422(b), "any indiv…
23-485 Jesus Arley Munera-Gomez v. United States First Circuit 2023-11-08 Denied compulsory-process constitutional-rights due-process entrapment entrapment-defense government-misconduct prosecutorial-discretion self-incrimination use-immunity witness-immunity witness-testimony Whether a defendant is constitutionally entitled to obtain use immunity for the only person who can disprove the defendant's guilt, when the Governmen…
22-7620 Timothy Sean Coogle v. United States Fourth Circuit 2023-05-23 Denied Response WaivedIFP civil-rights criminal-procedure due-process entrapment evidence-sufficiency fabricated-evidence ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence sixth-amendment strickland-standard Why was a Sixth Amendment violation not addressed in the Lower courts where defendant's lawyer failed utter the Strickland standards? How is the defe…
22-7010 Jeffrey Jay York v. United States Seventh Circuit 2023-03-14 Denied Response WaivedIFP criminal-enticement criminal-law enticement entrapment evidence government-agents interstate-facilities interstate-transmission jury-evidence minor minor-solicitation WHETHER THE GOVERMENT PRESENTED SUFFICENT EVIDENCE TO CONVICT YORK/ I. OF ENTICEMENT OF A MINOR A. WHETHER THE GOVERMENT PRESENTED SUFFICIENT EVIDENC…
22-6947 Alexander Samuel Smith v. United States Fourth Circuit 2023-03-06 Denied Response WaivedIFP 18-usc-1001 due-process entrapment false-statements fbi-investigation government-fabrication materiality statutory-interpretation Whether a statement made to FBI agents can be material and knowingly false under 18 U.S.C. §1001(a) when the criminal enterprise underlying the statem…
22-6601 Rick Benavides v. United States Fifth Circuit 2023-01-23 Denied Response WaivedIFP criminal-defense criminal-procedure due-process entrapment evidence-admissibility government-inducement law-enforcement-conduct predisposition social-media Petitioner was subjected to a pervasive inducement campaign by government agents using social media and texts to his personal phone. The question pres…
22-6039 Jonathan Francis Kimbrell v. United States Fifth Circuit 2022-11-10 Denied Response WaivedIFP criminal-law criminal-solicitation due-process entrapment entrapment-defense federal-criminal-law internet-crimes law-enforcement-conduct predisposition sexual-offense sexual-offenses undercover-operations Two FBI agents, posing as two parents and their unrealistically precocious 11-year-old child, convinced Kimbrell that the child was desperately wantin…
22-5355 Carlocito Slim, aka Carlocito Ponce Slim v. United States Eighth Circuit 2022-08-15 Denied Response WaivedIFP age-of-consent criminal-intent criminal-law due-process entrapment law-enforcement-conduct mens-rea sex-trafficking statutory-interpretation victim-age I. Whether a defendant can be convicted under 18 U.S.C. §§ 2422(b) or 1591(a)(1) on the basis of inconsistent ages of a single non-existent victim giv…
22-5150 Julio Cesar Gomez v. United States Ninth Circuit 2022-07-21 Denied IFP circuit-split criminal-procedure due-process entrapment entrapment-defense evidence-admissibility fair-trial inadmissible-evidence judicial-discretion preemptive-rebuttal The Second, Seventh, Eighth, Eleventh, and D.C. Circuits require that before the government may introduce otherwise inadmissible evidence to rebut a c…
21-8137 David Lee Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-06-14 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability criminal-procedure entrapment ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell reasonable-jurists sixth-amendment strategic-decision undercover-operation 1. Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his ineffe…
21-7444 Fnu John Sadiqullah v. United States Sixth Circuit 2022-03-23 Denied Response WaivedIFP burden-of-proof criminal-law criminal-procedure entrapment entrapment-defense government-agent-conduct inducement jury-instructions predisposition When a defendant requests a jury instruction on the affirmative defense of entrapment, what must be proven by the defendant to be entitled to such ins…
21-6425 Maycol Mendez-Maradiaga v. United States Eleventh Circuit 2021-11-24 Denied Response WaivedIFP criminal-procedure drug-activity entrapment government-inducement inconsistent-verdicts jury-verdicts predisposition prior-experience willing-participant 1. In an entrapment case where the defendant has met his burden on the threshold element of inducement, may the government establish predisposition me…
21-6178 Henry Baird v. United States Third Circuit 2021-11-08 Denied Response WaivedIFP circuit-split criminal-defense criminal-law drug-cases entrapment federal-drug-cases federal-sentencing judicial-doctrine manipulation sentencing sentencing-entrapment WHETHER THE COURT SHOULD RESOLVE THE CIRCUIT SPLIT ON RECOGNIZING SENTENCING ENTRAPMENT AND SENTENCING MANIPULATION DOCTRINES AS VIABLE DEFENSES AT SE…
21-5960 Alexander Davis v. United States Third Circuit 2021-10-13 Denied IFP actus-reus attempt attempt-offense criminal-law criminal-statute entrapment overt-act predisposition substantial-step 1. Whether the requirement of a "substantial step" can be satisfied by conduct occurring after the alleged attempt has ended. 2. Whether a defendant'…
21-5799 Robert Ronald Perales v. Texas Texas 2021-09-28 Denied Response WaivedIFP civil-rights constitutional-law criminal-procedure due-process entrapment law-enforcement online-persona outrageous-government-conduct Outrageous government conduct exists when the actions of law enforcement are shocking to the universal sense of justice. Outrageous government conduct…
21-5235 Vincent Holton v. United States Eleventh Circuit 2021-07-28 Denied Response WaivedIFP conspiracy conviction criminal-procedure due-process entrapment jury-instruction jury-instructions sentencing 1. Whether t he District Court Wrongly Denied Petitioner's Request for a Jury Instruction on Entrapment ? 2. Whether t he Court Erred by Allowing the…
21-5039 Gavin Wayne Wright v. United States Tenth Circuit 2021-07-08 Denied IFP co-conspirator-statements co-defendant criminal-conspiracy due-process entrapment false-statements federal-rules-of-evidence government-agent jury-instruction materiality testimony I. Petitioner pointed to the Government agent's testimony about his "recruitment" role and activities for co-defendant Patrick Stein, and admitted tes…
21-5002 Jalil Lemason Robinson v. United States Tenth Circuit 2021-07-02 Denied Response WaivedIFP age-of-consent criminal-intent criminal-law due-process entrapment jury-instruction predisposition sex-trafficking undercover-operation undercover-operations An undercover officer created a fake social media profile for a fictitious 18-year-old woman on a website where a user must expressly represent her ag…
20-8306 Donnie Joe Phillips v. United States Ninth Circuit 2021-06-15 Denied IFP circuit-split criminal-defense criminal-law criminal-procedure due-process entrapment government-inducement law-enforcement unwitting-agent Whether the "government inducement" element of the entrapment defense can be met through the actions of an unwitting government agent.
20-8262 Francisco Hilt and Sean Alexander v. United States Ninth Circuit 2021-06-09 Denied Response WaivedIFP brady-violation criminal-procedure due-process entrapment firearms-possession impeachment-evidence informant-disclosure sting-operation 1. In an ATF sting operation, the government failed to disclose the identity of the informant pretrial, and the defense was entrapment. The defense di…
20-6006 Terrance Leon Washington v. Crystal Willett, Superintendent, Meherrin River Regional Jail Fourth Circuit 2020-10-14 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process entrapment ineffective-assistance prosecutorial-misconduct state-court-conviction \ow jmftrcxmxaA °u S&oSch ay\^ ^^ iXnL Wl^ fraud\xUrJ- S*arck Wo^on^and ^jC-d l(j 6 jo bu/lXcP xnW/n^s an (Kras ^ ^ W'W *U>'^W prcUkk ^rxXw^raX Jdv4w …
20-6003 Alvin Celius Andre v. United States Eleventh Circuit 2020-10-14 Denied Response WaivedIFP circuit-conflict criminal-procedure entrapment government-intervention jacobson-v-united-states jury-instruction predisposition ready-willingness I. Whether the Eleventh Circuit's Entrapment Jury Instruction is in Conflict With Jacobson v. United States, 503 U.S. 540 (1992) and the Majority of t…
20-5548 James Michael Hood v. United States Sixth Circuit 2020-09-01 Denied Response WaivedIFP criminal-justice criminal-predisposition digital-inducement digital-relationships due-process entrapment entrapment-defense law-enforcement-sting minor-enticement predisposition sting-operation Whether, when the government has induced a person to break the law and the defense of entrapment is at issue, the government need only show that its i…
19-7040 Dalia A. Dippolito v. Florida Florida 2019-12-20 Denied Response WaivedIFP criminal-defense criminal-law criminal-liability criminal-procedure due-process entrapment factual-disputes jury-trial objective-entrapment state-law trial-by-jury trial-court-proceedings Where state law recognizes objective entrapment as a complete defense to criminal liability, and that defense turns on disputed issues of fact, does r…
19-6809 Jason Michael Strubberg v. United States Eighth Circuit 2019-12-03 Denied Response WaivedIFP 6th-amendment criminal-procedure due-process entrapment jury-instructions sentencing sixth-amendment undercover-operations 1. Whether the Sixth Amendment and Due Process Clause allow a court to instruct the jury, over objection, that "Undercover agents may properly make us…
19-5176 Ernest L. Chambliss v. United States Eleventh Circuit 2019-07-15 Denied Response WaivedIFP confidential-informant criminal-law criminal-procedure due-process entrapment entrapment-defense evidence felon-in-possession firearm-possession jury-instructions standing Whether a defendant who has been charged with possessing a firearm as a convicted felon is entitled to an entrapment instruction when the evidence dem…
18-9731 Youval Geringer-Ganor v. United States Ninth Circuit 2019-06-19 Denied Response WaivedIFP civil-rights constitutional-rights criminal-charges criminal-procedure due-process entrapment government-conduct judicial-review outrageous-government-conduct sting-operation sting-operations Whether this Court should decide the important but unsettled question as to whether government sting operations may constitute outrageous government c…
18-1443 Nicholas Young v. United States Fourth Circuit 2019-05-17 Denied civil-rights constitutional-activity constitutional-rights criminal-defendant-rights criminal-procedure due-process entrapment entrapment-defense free-speech material-support predisposition predisposition-evidence prior-activity similar-crime terrorist-organization thought-crime white-nationalism 1. Whether evidence of a criminal defendant's prior, constitutionally protected activity may be admitted to prove the predisposition element of the en…
18-8575 Jose Camargo-Alejo, aka Jessica Camargo-Alejo v. United States Ninth Circuit 2019-03-26 Denied Response WaivedIFP civil-rights criminal-procedure due-process entrapment entrapment-defense jury-instruction jury-instructions law-enforcement-intent ninth-circuit-precedent objective-theory sorrells-v-united-states subjective-theory Following this Court's adoption of a subjective theory of entrapment in Sorrells v. United States, 287 U.S. 435 (1932), and progeny, may a court decli…
18-8500 Nickey Ardd v. United States Sixth Circuit 2019-03-20 Denied Response WaivedIFP appellate-review civil-rights confidential-informant due-process entrapment fourth-amendment ineffective-assistance-of-counsel search-warrant sixth-amendment warrant-requirement Consistent with this Court's decision in Roviaro v. United States, 353 U.S. at 60-61 (1963). When the disclosure of the name of confidential informant…
18-8469 Edwin Oland Andrus v. United States Fifth Circuit 2019-03-19 Denied Response WaivedIFP 18-usc-2422(b) age-of-consent coercion consensual-sexual-activity criminal-attempt criminal-law criminal-law-procedure due-process enticement entrapment federal-criminal-law mens-rea minor sexual-activity statutory-interpretation The plain language of the crime of attempted enticement or coercion, pursuant to 18 U.S.C § 2422(b), requires that a person under the age of 18 must b…
18-7344 Tony Dickinson v. United States Seventh Circuit 2019-01-09 Denied Response WaivedIFP 6th-amendment criminal-defense entrapment fourteenth-amendment government-misconduct ineffective-assistance-of-counsel pre-indictment-delay sixth-amendment structural-error I. Whether this Court Should Resolve the longstanding Conflict among Federal Courts over whether the Fifth Amendment Delay caused by the government as…
18-836 Phil Miranda Luna v. Florida Florida 2019-01-03 Denied Response Waived capital-sexual-battery criminal-procedure due-process entrapment internet-sting internet-sting-operation jury-instruction jury-instructions minor sexual-battery statutory-entrapment traveling-to-engage-sex-with-minor QUESTION 1: Whether due process is denied when a trial court refuses to instruct a jury on a statutory entrapment defense because a defendant, charged…
18-7151 Curtis John Mulhern v. Pennsylvania Pennsylvania 2018-12-20 Denied IFP 2nd-amendment civil-rights confidential-informant criminal-enterprise due-process entrapment law-enforcement outrageous-conduct outrageous-government-conduct probable-cause reverse-sting Did law enforcement conduct become constitutionally unacceptable where government agents and their confidential informant essentially, engineered and …
18-5824 James Eugene Larive, Jr. v. United States Eighth Circuit 2018-08-29 Denied Response WaivedIFP criminal-procedure discovery due-process entrapment evidence fair-trial fourth-amendment parallel-construction search-and-seizure traffic-stop 1.THE RIGHT TO A FAIRTRIAL , " PARALLEL CONSTRUCTION" THE RIGHT TO PRIVACY " FOUTH AMENDMENT" THE TRAFFIC STOP. ENTAPMENT.
18-5543 In Re Andre David Leffebre 2018-08-10 Dismissed IFP 6th-amendment civil-rights criminal-procedure due-process entrapment government-misconduct habeas-corpus ineffective-assistance-of-counsel right-to-counsel Question not identified.
18-5074 Clifton McLean, aka Little Clif v. United States Third Circuit 2018-07-03 Denied Response WaivedIFP 922(g)(1) 924(c) crimes-of-violence due-process entrapment firearm-possession hobbs-act interstate-commerce Under the Due Process Clause, did the trial court unconstitutionally deny Petitioner's request/motion for an entrapment instruction when the record co…