Does a motion to dismiss an indictment for drug dealing based on entrapment have to be dismissed?

MultiRegion, United States of America

The following excerpt is from U.S. v. Wegman, 917 F.2d 1307 (9th Cir. 1990):

Wegman contends that the district court erred in failing to dismiss his indictment on the ground that the government's sting operation constituted entrapment. In reviewing the denial of a motion to dismiss based on entrapment, this court must view the evidence in the light most favorable to the government, and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Citro, 842 F.2d 1149, 1151 (9th Cir.), cert. denied, 109 S.Ct. 62 (1988).

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