United States v. Brace

RHESA HAWKINS BARKSDALE, Circuit Judge:

We granted rehearing en banc to consider whether, in order to rebut the entrapment defense raised by David Brace, the Government was required to prove “positional predisposition” on his part, a new requirement utilized in another circuit and by the panel; but, we conclude that we cannot address that subissue because it was neither preserved in district court nor even raised, for the first time, on appeal. Instead, at issue is simply whether, under our existing precedent, Brace was entrapped as a matter of law.

A jury convicted Brace and Shannon Knox of…