The following excerpt is from U.S. v. Audia, 1996 WL 337074, 87 F.3d 1323 (9th Cir. 1996):
"To find entrapment as a matter of law, there must be undisputed evidence establishing both that defendant was induced to commit the crime and that he lacked the predisposition to do so." United States v. Lorenzo, 43 F.3d 1303, 1305 (9th Cir.1995). In United States v. Mkhsian, 5 F.3d 1306, 1309 (9th Cir.1993), we held that the defendants were not entrapped as a matter of law, because the defendants' "failure to point to undisputed evidence that they were induced [to purchase illegal narcotics made] it unnecessary to consider whether lack of predisposition was established as a matter of law." We explained that the undisputed evidence must make it "patently clear" that the government induced an innocent person to commit the crime. Id.
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