green
Positive treatment
Quoted verbatim 1×
7.1 score
“the most important factor, as revealed by supreme court and other decisions, is whether the defendant evidenced reluctance to engage in criminal activity which was overcome by repeated government inducement.”
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978
2002
2026
Top citers, strongest first. 19 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. Venuti
But cf. United States v. Ricco, 421 F.Supp. 401, 411 (S.D.N.Y.1976), aff'd mem., 566 F.2d 433 (2d Cir.1977), cert. denied, 436 U.S. 926 , 98 S.Ct. 2819 , 56 L.Ed.2d 768 (1978) (sealing delays of 2 weeks not excusable under criminal procedure law of New York State). 14 Nonetheless, the requirement that recordings of intercepted conversations be sealed and stored immediately upon the expiration of the judicial order authorizing surveillance is “an integral part” of the statutory scheme of Title III.
examined
Cited as authority (quoted)
United States v. Pete Woodrum Lard and Lloyd Dean Rigsby
the most important factor, as revealed by supreme court and other decisions, is whether the defendant evidenced reluctance to engage in criminal activity which was overcome by repeated government inducement.
cited
Cited "see"
United States v. Alejandro Martinez, Also Known as Alejandro Martinez-Garcia Jose De Jesus Zapata-Herrera, Also Known as El Chino, Also Known as Jose Mario Perez Johnny Aybar Jose Miguel Rodriguez Michael R. Williams Margarita Hernandez Francisco Bolivar and Holguer Miguel Garay, Also Known as Luis Alica Reina, Nelson Aybar and Felix Hernandez
See United States v. Ricco, 566 F.2d 433, 435 (2d Cir.1977), cert. denied, 436 U.S. 926 (1978).
discussed
Cited "see"
United States v. Robert F. Collins and John H. Ross
(2×)
See United States v. Reynoso-Ulloa, 548 F.2d 1329, 1338-39 (9th Cir.1977) (not outrageous for government to employ informant who uses vulgar and threatening language while making drug deals), cert. denied, 436 U.S. 926 , 98 S.Ct. 2820 , 56 L.Ed.2d 769 (1978); United States v. Myers, 692 F.2d 823, 846 (2d Cir.1982) (no due process violation where government used "dishonest and deceitful" informant), cert. denied, 461 U.S. 961 , 103 S.Ct. 2437 , 77 L.Ed.2d 1322 (1983). 12 .
discussed
Cited "see"
Certain Interested Individuals, John Does I-V, Who Are Employees of McDonnell Douglas Corp. v. Pulitzer Publishing Co.
See Gerena, 869 F.2d at 85 ( 18 U.S.C. § 2517 (2) authorizes use of wiretap information in trial briefs and memoranda), citing United States v. Ricco, 566 F.2d 433, 435 (2d Cir.1977) ( 18 U.S.C. § 2517 (2) authorizes use of wiretap information to refresh recollection of witness), cert. denied, 436 U.S. 926 , 98 S.Ct. 2819 , 56 L.Ed.2d 768 (1978), and United States v. Rabstein, 554 F.2d 190, 193 (5th Cir.1977) ( 18 U.S.C. § 2517 (2) authorizes use of wiretap information for purposes of voice identification).
examined
Cited "see"
United States v. Habib Georges Makhlouta
(4×)
See United States v. Reynoso-Ulloa, 548 F.2d 1329, 1336 (9th Cir.1977) (lack of reluctance to commit crime is evidence of criminal predisposition), cert. denied, 436 U.S. 926 , 98 S.Ct. 2820 , 56 L.Ed.2d 769 (1978); id. at 1338 (defense of entrapment "is unavailable to a defendant who, motivated by agreed and unconcerned about breaking the law, readily accepts a propitious opportunity to commit an offense"). 2 30 Under Ochoa-Sanchez, the government could probe this arguable inconsistency by " 'inquir[ing] into what was not said at arrest.' " 676 F.2d at 1286 ,quoting Grieco, 641 F.2d at 1034 .
discussed
Cited "see"
Black Citizens for a Fair Media v. Federal Communications Commission and United States of America, American Broadcasting Companies, Inc., National Association of Broadcasters, National Radio Broadcasters Association, Office of Communication of the United Church of Christ, Cbs, Inc., Argonaut Broadcasting Company, Intervenors. Henry Geller v. Federal Communications Commission and United States of America, National Association of Broadcasters, Intervenor
(2×)
See National Citizens Committee for Broadcasting v. FCC, 567 F.2d 1095 , 1115-16 (D.C.Cir.1977), cert. denied, 436 U.S. 926 , 98 S.Ct. 2820 , 56 L.Ed.2d 769 (1978) (Communications Act does not require FCC to review fairness doctrine compliance at renewal time; decision to review on ad hoc basis is reasonable exercise of discretion).
discussed
Cited "see"
Black Citizens for a Fair Media v. Federal Communications Commission
(2×)
See National Citizens Committee for Broadcasting v. FCC, 567 F.2d 1095 , 1115-16 (D.C.Cir.1977), cert. denied, 436 U.S. 926 , 98 S.Ct. 2820 , 56 L.Ed.2d 769 (1978) (Communications Act does not require FCC to review fairness doctrine compliance at renewal time; decision to review on ad hoc basis is reasonable exercise of discretion).
discussed
Cited "see"
United States v. Batres-Santolino
(2×)
Just as a defendant’s lack of prior criminal involvement is relevant to an entrapment defense, United States v. Brandon, 633 F.2d 773, 777-78 (9th Cir. 1980); see United States v. Reynoso-Ulloa, 548 F.2d 1329 , 1336 & n.9 (9th Cir. 1977), cert. denied, 436 U.S. 926 , 98 S.Ct. 2820 , 56 L.Ed.2d 769 (1978), so too is it relevant to a claim of outrageous government conduct.
cited
Cited "see"
State v. Cerbo
S. A. 2A:156A-14); accord, United States v. Ricco, 566 F. 2d 433 (2 Cir. 1977), cert. den. 436 U. S. 926 , 98 S. Ct. 2819 , 56 L.
discussed
Cited "see, e.g."
United States v. George Jelvik
"Entrapment is generally a jury question," id., and "[w]e will not disturb the jury's finding unless, viewing the evidence in the light most favorable to the government, no reasonable jury could have concluded that [the defendant] was predisposed to commit the charged offense," United States v. Hart, 963 F.2d 1278, 1283 (9th Cir.1992); see also United States v. Reynoso-Ulloa, 548 F.2d 1329, 1336 (9th Cir.1977), cert. denied, 436 U.S. 926 (1978).
discussed
Cited "see, e.g."
United States v. Josuf Papraniku, AKA Sofi, United States of America v. Shaban Dobrova
Id.; see also United States v. Reynoso-Ulloa, 548 F.2d 1329, 1341 (9th Cir.1977), cert. denied, 436 U.S. 926 (1978). 30 An examination of these five factors clearly indicates that there was no entrapment as a matter of law.
discussed
Cited "see, e.g."
United States v. Joseph Charles Bonanno, Jr.
(2×)
See Citro, 842 F.2d at 1151-52 ; see also United States v. Reynoso-Ulloa, 548 F.2d 1329, 1341 (9th Cir.1977), cert. denied, 436 U.S. 926 , 98 S.Ct. 2820 , 56 L.Ed.2d 769 (1978). *439 Bonanno argues that Terra repeatedly suggested that he and Gatto engage in criminal activity, that the defendants did not realize a profit, and that Gatto demonstrated reluctance to engage in criminal activity.
discussed
Cited "see, e.g."
Yellow Freight System, Inc. v. Federal Communications Commission and United States of America, and National Broadcasting Company, Inc., Intervenor
(2×)
See also National Citizens Comm. for Broadcasting v. FCC, 567 F.2d 1095 (D.C.Cir.1977), cert. denied, 436 U.S. 926 , 98 S.Ct. 2820 , 56 L.Ed.2d 769 (1978). 3 .
discussed
Cited "see, e.g."
United States v. Antonio Cruz Vazquez, Benito Luis Cortina, Antonio Gonzalez, Andres Rene Rappard, and Jose De La Fe-Quintas
Compare United States v. Principie, 531 F.2d 1132, 1142 (2d Cir. 1976), cert. denied, 430 U.S. 905 , 97 S.Ct. 1173 , 51 L.Ed.2d 581 (1977) (discussing notification provision, § 2518(8)(d)), with United States v. Ricco, 421 F.Supp. 401, 406-07 (S.D.N.Y.1976), aff'd, 566 F.2d 433 (2d Cir. 1977), cert. denied, 436 U.S. 926 , 98 S.Ct. 2819 , 56 L.Ed.2d 768 (1978). * As explained in note 12, supra, the delays in sealing the 0027 and 7511 tapes are not at issue here. 22 .
examined
Cited "see, e.g."
American Security Council Education Foundation v. Federal Communications Commission and United States of America, Cbs Inc., Intervenor
(4×)
Galligan, 48 F.C.C.2d at 344-45 (complaint dismissed for failure to show station editorial encouraging visit to department of state university meaningfully discussed issue of alleged department scandal); Horace P. Rowley, 44 F.C.C.2d at 771 (complaint dismissed for failure to show broadcast of union members' views on job opportunities and union services meaningfully discussed issues of union pensions or union power); John F. Jackson, 44 F.C.C.2d at 754 (complaint dismissed for failure to show broadcast of interview with Vietnam war veteran who received less-than-honorable discharge meaningfull…
discussed
Cited "see, e.g."
Wncn Listeners Guild and Citizens Communications Center v. Federal Communications Commission and United States of America, American Broadcasting Companies, Inc., National Association of Broadcasters, Intervenors. Classical Radio for Connecticut, Inc., and Committee for Community Access v. Federal Communications Commission and United States of America, National Association of Broadcasters, Cornhusker Television Corp., Intervenors. The Office of Communication of the United Church of Christ v. Federal Communications Commission and United States of America, Metromedia, Inc., National Radio Broadcasters Association, National Broadcasting Company, Inc., Cbs, Inc., Intervenors
(2×)
Compare National Citizens Comm. for Broadcasting v. FCC, 186 U.S.App.D.C. 102 , 567 F.2d 1095 (1977), Cert. denied, 436 U.S. 926 , 98 S.Ct. 2820 , 56 L.Ed.2d 769 (1978), With Banzhaf v. FCC, 132 U.S.App.D.C. 14 , 405 F.2d 1082 (1968), Cert. denied, 396 U.S. 842 , 90 S.Ct. 50 , 24 L.Ed.2d 93 (1969).
discussed
Cited "see, e.g."
WNCN Listeners Guild v. Federal Communications Commission
(2×)
Compare National Citizens Comm. for Broadcasting v. FCC, 186 U.S.App.D.C. 102 , 567 F.2d 1095 (1977), cert. denied, 436 U.S. 926 , 98 S.Ct. 2820 , 56 L.Ed.2d 769 (1978), with Banzhaf v. FCC, 132 U.S.App.D.C. 14 , 405 F.2d 1082 (1968), cert. denied, 396 U.S. 842 , 90 S.Ct. 50 , 24 L.Ed.2d 93 (1969).
discussed
Cited "see, e.g."
Como-Falcon Coalition, Inc. v. United States Department of Labor
(2×)
See also, National Citizens Comm, for Brdcstg. v. FCC, 186 U.S.App.D.C. 102 , 105, 567 F.2d 1095 , 1098 n. 3 (1977), cert. denied, 436 U.S. 926 , 98 S.Ct 2820 , 56 L.Ed.2d 769 (1978); City of Santa Clara v. Kleppe, 418 F.Supp. 1243, 1263-65 (N.D.Calif.1976), affd in this part sub nom.
Retrieving the full opinion text from the archive…
Setchell
v.
Anoka County, Minnesota, Sheriff's Civil Service Commission
v.
Anoka County, Minnesota, Sheriff's Civil Service Commission
No. 77-1436.
Supreme Court of the United States.
May 30, 1978.
Cited by 80 opinions | Published
Citer courts: Eighth Circuit (1)
Sup. Ct. Minn. Cer-tiorari denied.