United States v. Duran

EBEL, Circuit Judge.

In this cocaine distribution case, the defendant relied on the affirmative defense that he was entrapped by the undercover government agents and government informant who negotiated a series of cocaine deals with him. During the defendant’s trial, it became clear that the jury was confused about the legal contours of the entrapment defense. On appeal, the government concedes that the court’s jury instructions on entrapment were plainly erroneous, and we agree. Furthermore, in the face of obvious confusion by the jury as to the entrapment defense, it was plain error for the…