United States v. Magdaleno Hermosillo-Nanez, United States of America v. Mario Carrasco-Garcia

Appellants’ objections are consolidated for appeal. They arise out of a heroin sale to undercover DEA agents and the defendant-appellants’ jury trial for conspiracy to possess and distribute heroin and for possession of heroin.

On appeal, Hermosillo-Nanez contends that he was entrapped as a matter of law. Carrasco-Garcia raises two issues: (1)

whether the jury was presented with sufficient evidence to sustain a conviction and (2) whether the trial court committed reversible error in instructing the jury.

I. ENTRAPMENT

If a government agent persuades an unwilling person to commit a crime and…