Does a federal court's instruction on the elements of entrapment constitute an abuse of the duty of proof?

MultiRegion, United States of America

The following excerpt is from U.S. v. Garcia, 951 F.2d 363 (9th Cir. 1991):

The district court's formulation of the instruction was not an abuse of discretion. See United States v. Bordallo, 857 F.2d 519, 527 (9th Cir.1988), amended on other grounds, 872 F.2d 334 (9th Cir.), cert. denied, 493 U.S. 818 (1989). The court properly instructed on the three elements of entrapment; it also gave a clear burden of proof instruction, and at the end of the entrapment instruction reiterated that the government bore the burden of proving that the defendant was not entrapped beyond a reasonable doubt.

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