United States v. Kemp

WELCH, Senior Judge:

The appellant claims, inter alia, that the evidence establishes the affirmative defense of “vicarious or derivative” entrapment. Whether this variation of the traditional defense of entrapment exists in military law is a question of first impression. We need not answer the question in this case because we find that the appellant was predisposed to commit the relevant offenses. Thus, he was not entitled to an acquittal under either theory of entrapment.

We conclude that the findings and sentence are correct in law and fact and that no error materially prejudicial to the…