United States v. Harold Donald Henry

TATE, Circuit Judge:

We granted en banc rehearing, 727 F.2d 1373 (5th Cir.1984), to resolve a conflict in circuit precedent as to when a defendant in a criminal trial is entitled to have the jury instructed on his defense of entrapment.

Our precedential rule is uniform that a defendant may not invoke the entrapment defense by requesting that the issue be submitted to the jury while he denies committing the act charged in the indictment. United States v. Garrett, 716 F.2d 257, 270 (5th Cir.1983); United States v. Rey, 706 F.2d 145, 147 (5th Cir.1983). On the other hand, as will be described more…