United States v. Anthony J. Demma, United States of America v. Henry Brulay

OPINION

Before CHAMBERS, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE and SNEED, Circuit Judges. *982HUFSTEDLER, Circuit Judge:

The law of entrapment in this circuit is confused and conflicting. Our cases can be reconciled neither with each other nor with Sorrells v. United States (1932) 287 U.S. 435, 53 S.Ct. 210, 77 L.Ed. 413; Sherman v. United States (1958) 356 U.S. 369, 78 S.Ct. 819, 2 L.Ed.2d 848; and United States v. Russell (1973) 411 U.S. 423, 93 S.Ct. 1637, 36 L.Ed.2d 366.

We now set the circuit’s entrapment law in order by holding that a defendant may…