What is the entrapment-by-estoppel defense?

The entrapment-by-estoppel-defense applies when an authorized government official tells the defendant that certain conduct is legal and the defendant believes the official. See United States v. Tallmadge, 829 F.2d 767, 773 (9th Cir. 1987). It is not sufficient that the government official's comments were vague or even contradictory; rather, the defendant must show "that the government affirmatively told him the proscribed conduct was permissible, and that he reasonably relied on the government's statement." United States v. Ramirez-Valencia , 202 F.3d 1106, 1109 (9th Cir. 2000). To invoke entrapment by estoppel, a defendant must demonstrate "affirmative misleading" on the part of a government official. Brebner , 951 F.2d at 1026.