Legal Opinion

United States v. Brand

Court of Appeals for the Second Circuit

Decided October 19, 2006No. Docket No. 05-4155-CRPublishedCited by 148 opinions

1Opinion of the Court

WESLEY, Circuit Judge.

This case requires careful consideration of the affirmative defense of entrapment. Under the entrapment doctrine, “[government agents may not originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute.” Jacobson v. United States, 503 U.S. 540, 548, 112 S.Ct. 1535, 118 L.Ed.2d 174 (1992). If the government undertakes such measures, the “stealth and strategy” of particular criminal investigations can, under certain circumstances, become “as…

2Cases cited64 opinions

  1. Cupp v. NaughtenSupreme Court of the United States · 1973
  2. Huddleston v. United StatesSupreme Court of the United States · 1988
  3. United States v. RussellSupreme Court of the United States · 1973
  4. Sorrells v. United StatesSupreme Court of the United States · 1932
  5. Sherman v. United StatesSupreme Court of the United States · 1958

59 more not listed; retrieve them via the Exa API.

3Cited by148 opinions

  1. United States v. DorveeCourt of Appeals for the Second Circuit · 2010
  2. United States v. CoplanCourt of Appeals for the Second Circuit · 2012
  3. United States v. GagliardiCourt of Appeals for the Second Circuit · 2007
  4. United States v. Kevin Eric CurtinCourt of Appeals for the Ninth Circuit · 2007
  5. United States v. FalsoCourt of Appeals for the Second Circuit · 2008

143 more not listed; retrieve them via the Exa API.

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