What is the legal test for an entrapment defense where a defendant has been entrapped by a paid government informant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Dickey, 924 F.2d 836 (9th Cir. 1991):

For example, a defendant may have no predisposition to commit the crime and yet be convicted if the entrapper was not acting as a government agent. The defendant must prove both elements of the entrapment defense. Moreover, we have taken a rather narrow view of when someone is a government agent. Even a long-time paid government informant has been held not to be such an agent for purposes of an entrapment defense. See United States v. Busby, 780 F.2d 804, 806 (9th Cir.1986). Thus, under our precedents, someone who has no predisposition to commit a crime, and who is induced to commit that crime by the repeated suggestions of a paid government informant 2 will not be entitled to an entrapment defense--although had the entrapper been on a full time D.E.A. salary the defense would be available. Clearly someone who has been "entrapped" by a paid informant is less culpable than a willing criminal who needs neither inducement nor persuasion to commit his crime.

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