What is the test for determining whether a defendant has been entrapped?

MultiRegion, United States of America

The following excerpt is from U.S. v. Brown, 8 F.3d 31 (9th Cir. 1993):

1 The instructions clearly misquote United States v. Esquer-Gamez, 550 F.2d 1231, 1234 (9th Cir.1977) by omitting critical aspects of it. See id. at 1234 ("The defense of entrapment ... is unavailable to a defendant who, motivated by greed and unconcerned about breaking the law, readily accepts a propitious opportunity to commit an offense.") (omitted language emphasized). The omitted language reflects the central role of reluctance and predisposition in determining whether a defendant was entrapped.

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