What is the test for entrapment in a criminal case?

In reviewing a challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the government and "construe[] all permissible inferences in its favor." United States v. Jackson, 345 F.3d 59, 65 (2d Cir. 2003) (quotation omitted). Ultimately, we will "uphold a conviction if any rational trier of fact could have found the essential elements of the charged crime beyond a reasonable doubt." Id. (quotation omitted).

Entrapment is an affirmative defense with two elements: (1) "government inducement of the crime, and [(2)] a lack of predisposition on the part of the defendant to engage in the criminal conduct." United States v. Cromitie, 727 F.3d 194, 204 (2d Cir. 2013) (quoting Mathews v. United States, 485 U.S. 58, 63 (1988)). Where a defendant shows credible evidence of inducement, the government has the burden to prove beyond a reasonable doubt that the defendant was disposed to commit the charged crime prior to being contacted by government agents. Jacobson v. United States, 503 U.S. 540, 548 (1992). The government may prove predisposition by evidence of: