The following excerpt is from United States v. Black, D.C. No. 2:09-cr-01040-MHM-2, D.C. No. 2:09-cr-01040- MHM-3, D.C. No. 2:09-cr-01040-MHM-4, D.C. No. 2:09-cr-01040-MHM-6, No. 11-10036, No. 11-10037, No. 11-10039, No. 11-10077 (9th Cir. 2013):
11. We decline to examine the pertinent factors with respect to each individual defendant separately, as the defendants seem to advocate. The question before us is whether the government's conduct was outrageous in conducting this criminal investigation. As long as the government's investigation was initiated and performed tolerably with respect to the operation as a whole, it would undermine law enforcement's ability to investigate and apprehend criminals if its otherwise acceptable conduct became outrageous merely because an individual with no known criminal history whom the government did not suspect of criminal activity joined the criminal enterprise at the last minute at the behest of codefendants. Cf. United States v. Thickstun, 110 F.3d 1394, 1399 (9th Cir. 1997) (discussing our rejection of derivative entrapment). If there were evidence that the government purposely and unnecessarily coerced additional individuals to join the operation (as opposed to those individuals joining at the behest of coconspirators), then an individualized approach may be warranted, but there is no evidence of that occurring here.
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