The following excerpt is from U.S. v. Abellaneda-Leon, 12 F.3d 1108 (9th Cir. 1993):
Although the evidence on both prongs may be marginal, we find it was sufficient to instruct the jury on an entrapment defense. Our recent opinion in United States v. Kessee, 992 F.2d 1001 (9th Cir.1993), controls. There, the evidence of entrapment was no stronger than it is here. For instance, the defendant was caught on tape discussing the drug transaction in a sophisticated drug-culture lingo. As in this case, the defendant in Kessee also confessed to the police that he made previous narcotics sales. Nevertheless, at trial, he explained away these facts in a manner arguably consistent with the defense of entrapment. Despite our belief that the district court's skepticism was well-founded, we nonetheless held that the entrapment instruction should have been given. See id. at 1004. The same result holds here.
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