Does a federal district court's finding that the federal government engaged in sentencing entrapment in the context of a drug case have any relevance?

MultiRegion, United States of America

The following excerpt is from U.S. v. Martinez-Jacinto, 124 F.3d 214 (9th Cir. 1997):

Further, the district court's finding that the government did not engage in sentencing entrapment was not clearly erroneous. 1 See United States v. Parrilla, 114 F.3d 124, 127 (9th Cir.1997) "Sentencing entrapment occurs when a defendant, although predisposed to commit a minor or lesser offense, is entrapped in[to] committing a greater offense subject to greater punishment." See id. "In making a sentencing entrapment claim, the burden is on the defendant to demonstrate both the lack of intent to produce and the lack of the capability to produce the quantity of drugs at issue." See United States v. Naranjo, 52 F.3d 245, 250, n. 13 (9th Cir.1995) (citations omitted).

Other Questions


Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Can a federal district court review a federal sentencing court's decision not to depart from the sentencing guidelines? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
In what circumstances will a court of appeals remand to a federal district court for resentencing where the sentence was imposed as a possible result of an incorrect application of the sentencing guidelines? (MultiRegion, United States of America)
What is the test for certifying a motion by a federal district court to overturn a finding that the district court acted in the wrong way for the wrong reason? (MultiRegion, United States of America)
Can a federal court overturn a federal district court's finding that appellant waived his Fifth and Sixth Amendment rights? (MultiRegion, United States of America)
Is a federal district court's imposition of consecutive sentences for a defendant who pleaded guilty to a charge of aggravated assault violate the federal sentencing code of conduct? (MultiRegion, United States of America)
Can a federal district court exercise its discretionary sentencing authority by sentencing a defendant to a minimum sentence based on the Guidelines? (MultiRegion, United States of America)
What is the difference between a federal district court's opinion and a federal court's decision on sentencing? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.