United States v. O'Donnell

Senior Judge SESSOMS

dissenting:

Unlike the majority, I do not find the challenged instruction to be materially prejudicial to the substantial rights of the appellant, and I would affirm.

Since the accused judicially confessed to the offenses of which he was convicted, and the evidence adduced could reasonably lead a fact finder to determine that he was not entrapped, the only question for this court to resolve is whether the issue of entrapment was fairly presented to the members for their consideration. I believe that it was.

The military judge delivered the standard instruction on entrapment…