In what circumstances have courts found the defense of entrapment to be inapplicable?

MultiRegion, United States of America

The following excerpt is from U.S. v. Valencia, 645 F.2d 1158 (2nd Cir. 1980):

In United States v. DeAlesandro, 361 F.2d 694, 698 (2d Cir.), cert. denied, 385 U.S. 842, 87 S.Ct. 94, 17 L.Ed.2d 74 (1966), where the alleged inducer was "neither a law enforcement official nor an agent of law enforcement officials", we again held the defense of entrapment to be inapplicable. Quoting United States v. Romano, supra, we said that "(t)he primary reason for the defense of entrapment is that 'it is unthinkable that the government should prosecute those whom it has urged to commit (the) crime.' " 361 F.2d at 698.

Page 1174

In United States v. Buie, 407 F.2d 905, 908 & n.5 (2d Cir. 1969), aff'd, 396 U.S. 87, 89 S.Ct. 284, 24 L.Ed.2d 283 (1969), we said that entrapment does not arise from inducement by private citizens and approved a charge which stated that entrapment "must come from the government" and "must be done by a government official or somebody acting under his orders and direction."

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