United States Ninth Circuit

Sentence for conspiracy to rob a cocaine stash house is affirmed, where: 1) in order to establish lack of predisposition to support a finding of sentencing entrapment in the case of a fictitious stash house robbery, a defendant need only show either a lack of intent or a lack of capability to deal in the quantity of drugs charged; 2) outrageousness is not itself an independent prong of sentencing entrapment; and 3) the district court did not abuse its discretion in rejecting the sentencing entrapment argument.

Appellate Information

• Decided 04/08/2013
• Published 04/08/2013

Judges

• GOODWIN

Court

• United States Ninth Circuit

Counsel