United States v. Jerald Annese, United States of America v. Nicholas Tavano

BOWNES, Circuit Judge.

Jerald Annese and Nicholas Tavano, defendants-appellants, appeal a jury conviction of manufacturing methamphetamine 1 in violation of 21 U.S.C. § 841(a)(1), and conspiring to commit that offense in violation of 21 U.S.C. § 846. Another defendant, Howard Sorofman, was acquitted on both counts.

There are three issues to be considered on appeal: (1) refusal of the district court to suppress evidence; (2) the exclusion of certain testimony; and (3) the district court’s ruling and jury instruction on entrapment.

The Suppression Issue

The evidence was that defendants had rented…