United States v. Theagene
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JENNIFER W. ELROD, Circuit Judge:
A jury convicted Dr. Samuel Theagene of one count of bribing a public official, 18 U.S.C. § 201(b)(1)(C), for making cash payments to an Internal Revenue Service revenue officer. The district court — calling the question “a close one” — denied Theagene’s request for an entrapment instruction. Theagene now appeals the conviction, challenging the jury charge on this and other grounds. He also appeals his sentence. We hold that the evidence mer ited an entrapment instruction, and accordingly vacate the conviction and remand for a new trial.
I. FACTS AND…
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