What is the standard of review of a district court's decision whether or not to give an instruction of entrapment instruction?

MultiRegion, United States of America

The following excerpt is from U.S. v. Tiocao, 66 F.3d 337 (9th Cir. 1995):

This circuit is split on the proper standard of review of the district court's decision whether or not to give an entrapment instruction--de novo or abuse of discretion. United States v. Sotelo-Murillo, 887 F.2d 176, 179-80 (9th Cir.1989).

The defense of entrapment has two elements: (1) government inducement of the crime, and (2) the absence of predisposition. United States v. Skarie, 971 F.2d 317, 320 (9th Cir.1992). If entrapment is at issue, "the prosecution must prove beyond a reasonable doubt that the defendant was disposed to commit the criminal act prior to first being approached by Government agents." Jacobson v. United States, 503 U.S.540, 549 (1992).

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