United States v. Robert Edward Dickens, Sr., Gus Peter Glenos & Robert Morrison, Defendants, 524 F.2d 441 (5th Cir. 1975). · Go Syfert
United States v. Robert Edward Dickens, Sr., Gus Peter Glenos & Robert Morrison, Defendants, 524 F.2d 441 (5th Cir. 1975). Cases Citing This Book View Copy Cite
141 citation events (5 in the last 25 years) across 18 distinct courts.
Strongest positive: United States v. Esnel Isnadin (ca11, 2014-02-14)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 47 distinct citers.
discussed Cited as authority (rule) United States v. Esnel Isnadin
11th Cir. · 2014 · confidence medium
Furthermore, at oral argument, Cius’s counsel admitted, that even if not in the context of this case, the instruction was an accurate statement of the law, to which the Appellants did not object. 31 Case: 12-13474 Date Filed: 02/14/2014 Page: 32 of 58 To show Government inducement, a defendant may produce any evidence sufficient to raise a jury issue “that the [G]overnment’s conduct created a substantial risk that the offense would be committed by a person other than one ready to commit it.” United States v. Andrews, 765 F.2d 1491, 1499 (11th Cir. 1985) (quoting United States v. Dicken…
discussed Cited as authority (rule) United States v. Esnel Isnadin
11th Cir. · 2014 · confidence medium
To show Government inducement, a defendant may produce any evidence sufficient to raise a jury issue “that the [Government’s conduct created a substantial risk that the offense would be committed by a person other than one ready to commit it.” United States v. Andrews, 765 F.2d 1491, 1499 (11th Cir.1985) (quoting United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975)).
cited Cited as authority (rule) United States v. Duran
11th Cir. · 2010 · confidence medium
See United States v. Burkley, 591 F.2d 903, 922 (D.C.Cir.1978); United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975) (citations omitted).
cited Cited as authority (rule) United States v. Howell
4th Cir. · 1998 · confidence medium
United States v. Dickens , 524 F.2d 441, 445 (5th Cir. 1975), cert. denied, 425 U.S. 994 (1976).
discussed Cited as authority (rule) United States v. Dale Brown Robert Chung Gussie Reicher Rolando Sanchez
11th Cir. · 1995 · confidence medium
Government Inducement A defendant may, show government inducement by producing any evidence sufficient to raise a jury issue “that the government’s conduct created a substantial risk that the offense would be committed by a person other than one ready to commit it.” Andrews, 765 F.2d at 1499 (quoting United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975)).
cited Cited as authority (rule) United States v. Hyatt
M.D. Fla. · 1994 · confidence medium
Andrews, 765 F.2d at 1499 (citing United States. v. Dickens, 524 F.2d 441, 444 (5th Cir.1975)).
discussed Cited as authority (rule) Hannah v. State
Ala. Crim. App. · 1992 · confidence medium
Appellate review of a jury decision on entrapment is directed to whether the evidence was sufficient to enable a reasonabl[e]-minded jury to reach the conclusion that the defendant was predisposed to take part in the illicit transaction.’ 765 F.2d at 1499 (quoting United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975)).” The record indicates that all of the officers involved in the ease testified that informant Seals informed them that the appellant, a member of an alleged “drug-robbery ring,” was planning to rob Moody’s Pharmacy.
cited Cited as authority (rule) United States v. Lawrence Duane Young
10th Cir. · 1992 · confidence medium
See Fadel, 844 F.2d at 1433-34 ; United States v. Dickens, 524 F.2d 441, 445 (5th Cir.1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976).
discussed Cited as authority (rule) Story v. State
Ala. Crim. App. · 1990 · confidence medium
Appellate review of a jury decision on entrapment is directed to whether the evidence was sufficient to enable a reasonably-minded jury to reach the conclusion that the defendant was predisposed to take part in the illicit transaction.” 765 F.2d at 1499 (quoting United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975), cert. denied, Glenos v. United States, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976).
cited Cited as authority (rule) United States v. Robert James Beissel
8th Cir. · 1990 · confidence medium
United States v. Dickens, 524 F.2d 441, 445 (5th Cir.1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976).
discussed Cited as authority (rule) United States v. Thurnell Alston, Ervin Brennon (2×)
11th Cir. · 1990 · confidence medium
A defendant who seeks to raise a defense of entrapment must first come forward with evidence sufficient to raise a jury issue “that the government's conduct created a substantial risk that the offense would be committed by a person other than one ready to commit it.” United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975).
discussed Cited as authority (rule) United States v. Gomez
10th Cir. · 1987 · confidence medium
See United States v. Yater, 756 F.2d 1058, 1067 (5th Cir.), cert. denied, — U.S. -, 106 S.Ct. 225 , 88 L.Ed.2d 226 (1985); United States v. Edwards, 549 F.2d 362, 365 (5th Cir.), cert. denied, 434 U.S. 828 , 98 S.Ct. 107 , 54 L.Ed.2d 87 (1977); United States v. Garcia, 528 F.2d 580, 586 (5th Cir.), cert. denied, 429 U.S. 898 , 97 S.Ct. 262 , 50 L.Ed.2d 182 (1976); United States v. Dickens, 524 F.2d 441, 446-47 (5th Cir.1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976); United States v. Jenkins, 480 F.2d 1198, 1199-1200 (5th Cir.) (per curiam), cert. denied, 414 U.S. 9…
discussed Cited as authority (rule) ca10 1987
10th Cir. · 1987 · confidence medium
See United States v. Yater, 756 F.2d 1058, 1067 (5th Cir.), cert. denied, --- U.S. ----, 106 S.Ct. 225 , 88 L.Ed.2d 226 (1985); United States v. Edwards, 549 F.2d 362, 365 (5th Cir.), cert. denied, 434 U.S. 828 , 98 S.Ct. 107 , 54 L.Ed.2d 87 (1977); United States v. Garcia, 528 F.2d 580, 586 (5th Cir.), cert. denied, 429 U.S. 898 , 97 S.Ct. 262 , 50 L.Ed.2d 182 (1976); United States v. Dickens, 524 F.2d 441, 446-47 (5th Cir.1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976); United States v. Jenkins, 480 F.2d 1198, 1199-1200 (5th Cir.) (per curiam), cert. denied, 414 U.S…
discussed Cited as authority (rule) Burnette v. State (2×)
Ala. Crim. App. · 1986 · confidence medium
Annotation: 69 A.L.R.2d 1396 , 1400, 1401 (I960).” Tyson v. State, 361 So.2d 1182, 1185-86 (Ala.Crim.App.1978). “ ‘A defendant who seeks to raise a defense of entrapment must first come forward with evidence sufficient to raise a jury issue ‘that the government’s conduct created a substantial risk that the offense would be committed by a person other than one ready to commit it.’ United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975).
cited Cited as authority (rule) United States v. Robert H. Blanton, Iii, Jerome Banks and Clyde Daigle
11th Cir. · 1986 · confidence medium
United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976).
discussed Cited as authority (rule) United States v. Arthur Thomas Nixon, David L. Snoddy and Donald E. Gilbreth, Defendant
5th Cir. · 1985 · confidence medium
Moreover, even though Webster placed limits on the type of evidence that can be used to prove predis *965 position, a defendant who asserts entrapment as a defense exposes himself to a “searching inquiry into his own conduct and predisposition____ Sorrells, 287 U.S. at 451 , 53 S.Ct. at 216 ; United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976).
discussed Cited as authority (rule) United States v. Harold Grubbs and Sherman Fricks
5th Cir. · 1985 · confidence medium
Predisposition may be proved by evidence of the defendants’ “conduct and statements subsequent to initial contact with the government agent, as well as proof of state of mind before the contact was made.” United States v. Garrett, 716 F.2d 257, 274 (5th Cir.1983), cert. denied, - U.S. -, 104 S.Ct. 1910 (1984), citing United States v. Dickens, 524 F.2d 441, 445 (5th Cir.1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976).
discussed Cited as authority (rule) United States v. James Fallon
7th Cir. · 1985 · confidence medium
United States v. Valle-Ferrer, 739 F.2d 545, 546-47 (11th Cir.1984) (allowing testimony of informant who would receive $1,000 only if testimony *734 resulted in conviction); United States v. Jones, 575 F.2d 81, 85-86 (6th Cir.1978) (allowing testimony of informant who would receive $1,000 only if investigation “successful”); United States v. Edwards, 549 F.2d 362, 365 (5th Cir.1977), cert. denied, 434 U.S. 828 , 98 S.Ct. 107 , 54 L.Ed.2d 87 (1977) (allowing testimony of informant whose payment was contingent upon “final results”); United States v. Dickens, 524 F.2d 441, 446 (5th Cir.19…
discussed Cited as authority (rule) United States v. Thomas Andrews, A/K/A Tank Andrews, Beverly Stokes, Ollie Tatum and Alvin Royster (2×) also: Cited "see"
11th Cir. · 1985 · confidence medium
He also argues that, even if the case was properly submitted to the jury, the government failed to produce evidence which proved that he was predisposed to commit the offense charged. 4 *1499 A defendant who seeks to raise a defense of entrapment must first come forward with evidence sufficient to raise a jury issue “that the government’s conduct created a substantial risk that the offense would be committed by a person other than one ready to commit it.” United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975).
discussed Cited as authority (rule) United States v. Dion
8th Cir. · 1985 · confidence medium
The lower courts have looked to a variety of factors in determining predisposition, 10 including: (1) whether the defendant readily responded to the inducement offered, United States v. Hunt, 749 F.2d 1078, 1085 (4th Cir.1984); (2) the circumstances sur rounding the illegal conduct, id.; (3) “ ‘the state of mind of a defendant before government agents make any suggestion that he shall commit a crime,’ ” id., citing United States v. Williams, 705 F.2d 603, 618 (2d Cir.), cert. denied, — U.S.-, 104 S.Ct. 524 -25, 78 L.Ed.2d 708 (1983); (4) whether the defendant was engaged in an existi…
discussed Cited as authority (rule) ca8 1985
8th Cir. · 1985 · confidence medium
A common strand throughout the cases is that a person is not predisposed if he is an "innocent" person who would not have committed the offense in the absence of the undercover agent's offer. 68 The lower courts have looked to a variety of factors in determining predisposition, 10 including: (1) whether the defendant readily responded to the inducement offered, United States v. Hunt, 749 F.2d 1078, 1085 (4th Cir.1984); (2) the circumstances surrounding the illegal conduct, id.; (3) " 'the state of mind of a defendant before government agents make any suggestion that he shall commit a crime,' "…
discussed Cited as authority (rule) United States v. Augustin Alvarez, Oscar Hernandez, Mario C. Simon, Rolando Rios, Ramon Raymond, Eduardo Portal, Victoriano Concepcion, A/K/A \Macho\"" (2×) also: Cited "see"
11th Cir. · 1985 · confidence medium
Dean, 666 F.2d at 180 ; Tobias, 662 F.2d at 384 ; United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976).
discussed Cited as authority (rule) Soto v. State (2×)
Tex. Crim. App. · 1984 · confidence medium
As this court stated in Bush v. State, 611 S.W.2d 428, 430 (Tex.Cr.App.1980), "The defendant has the burden of producing evidence to raise the defense, but the prosecution has the final burden of persuasion to disprove it." The proper allocation of burdens of proof in entrapment cases has been discussed by the Fifth Circuit in U.S. v. Dean, 666 F.2d 174, 180 (5th Cir.1982); U.S. v. Webster, 649 F.2d 346, 349 (5th Cir.1981); U.S. v. Dickens, 524 F.2d 441, 444 (5th Cir.1975), cert. den. 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976); as well as in other circuit courts, see U.S. v. Parr, 71…
discussed Cited as authority (rule) United States v. J. Wilton Hunt, Sr. (2×)
4th Cir. · 1984 · confidence medium
The defendant must initially present evidence " ' "that the Government's conduct created a substantial risk that the offense would be committed by a person other than one ready to commit it." ' " United States v. Webster, 649 F.2d 346, 349 (5th Cir.1981) (en banc ) (quoting United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975) (quoting, in turn, United States v. Mosley, 496 F.2d 1012, 1014 (5th Cir.1974)), United States v. Perl, 584 F.2d 1316, 1321 (4th Cir.1978), cert. denied, 439 U.S. 1130 , 99 S.Ct. 1050 , 59 L.Ed.2d 92 (1979).
discussed Cited as authority (rule) United States v. David Punch
5th Cir. · 1983 · confidence medium
As we stated in United States v. Garrett, supra: [A] jury may appropriately consider the defendant’s conduct and statements subsequent to his initial contact with the government agent, as well as proof of his state of mind before the contact was made, to determine whether the accused should be classified as an “unwary innocent” or an “unwary criminal.” 716 F.2d at 274 (quoting United States v. Dickens, 524 F.2d 441, 445 (5th Cir.1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976)).
examined Cited as authority (rule) United States v. John Garrett and L.G. Moore (4×)
5th Cir. · 1983 · confidence medium
Thus, a defendant who wishes to assert an entrapment defense must initially come forward with evidence “ ‘that the Government’s conduct created a substantial risk that the offense would be committed by a person other than one ready to commit it.’ ” United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975) (quoting United States v. Mosley, 496 F.2d 1012, 1014 (5th Cir.1974)).
discussed Cited as authority (rule) United States v. Edwin A. Pagan
2d Cir. · 1983 · confidence medium
See, e.g., United States v. Apuzzo, 555 F.2d 306, 307 (2d Cir.1977), cert. denied, 435 U.S. 916 , 98 S.Ct. 1470 , 55 L.Ed.2d 507 (1978); United States v. Dickens, 524 F.2d 441, 445 (5th Cir.1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976); 2 J.
cited Cited as authority (rule) United States v. Jesus Aguirre Aguirre and Joe Salvador Cervantes
5th Cir. · 1983 · confidence medium
See United States v. Carreon, 626 F.2d 528 , 535 n. 14 (7th Cir.1980); United States v. Dickens, 524 F.2d 441, 445 (5th Cir.1975).
cited Cited as authority (rule) United States v. David Anderton
5th Cir. · 1982 · confidence medium
United States v. Tobias, 662 F.2d 381, 384 (5th Cir. 1981), quoting United States v. Dickens, 524 F.2d 441, 444 (5th Cir. 1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976).
discussed Cited as authority (rule) United States v. Allan Humphrey
11th Cir. · 1982 · confidence medium
See United States v. Dean, 666 F.2d 174, 180 (5th Cir. 1982) (to raise entrapment defendant must come forward with evidence “that the government’s conduct created a substantial risk that the offense would be committed by a person other than one ready to commit it,” quoting Tobias, supra, at 384 ); United States v. Dickens, 524 F.2d 441, 444 (5th Cir. 1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976) (same standard); Webster, supra, at 349 (same standard). 6 Once the defendant carries this initial burden, then the government must prove beyond a reasonable doubt tha…
discussed Cited as authority (rule) United States of America, in No. 81-1020 v. Jannotti, Harry P. United States of America, in No. 81-1021 v. Schwartz, George X
3rd Cir. · 1982 · confidence medium
Schwartz’ acceptance of a payment for introducing Criden to Jannotti, another public official, so that Jannotti could participate in a similar transaction could be considered by the jury to demonstrate that he was disposed to wrongdoing. 14 See United States v. Dickens, 524 F.2d 441, 445 (5th Cir. 1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976) (defendant evidenced predisposition by “introducing] his co-defendants to the prospective buyer”).
cited Cited as authority (rule) United States v. Roscoe Emory Dean, Jr., and John Thomas Bigley
5th Cir. · 1982 · confidence medium
United States v. Tobias, 662 F.2d at 384 ; United States v. Dickens, 524 F.2d 441, 444 (5th Cir. 1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976).
discussed Cited as authority (rule) United States v. Thomas C. Tobias (2×)
5th Cir. · 1981 · confidence medium
Thus, a defendant who wishes to assert an entrapment defense must initially come forward with evidence "that the Government's conduct created a substantial risk that the offense would be committed by a person other than one ready to commit it." United States v. Dickens, 524 F.2d 441, 444 (5th Cir. 1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976) (quoting United States v. Mosley, 496 F.2d 1012, 1014 (5th Cir. 1974)).
examined Cited as authority (rule) United States v. Albert Keith Webster (6×) also: Cited "see"
5th Cir. · 1981 · confidence medium
United States v. Dickens, 524 F.2d 441, 444 (5th Cir. 1975).
discussed Cited as authority (rule) United States v. Robert Daniel Williams and Marion C. Kiser
5th Cir. · 1980 · confidence medium
In support of his argument, Kiser cites United States v. Dickens, 524 F.2d 441, 444-46 (5th Cir. 1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976), which places the burden on the Government, once the issue of entrapment is raised, to prove beyond a reasonable doubt that the defendant was predisposed to commit the charged offense.
discussed Cited as authority (rule) United States v. James B. Borum (2×)
D.C. Cir. · 1978 · confidence medium
Borum's is a case of repeated solicitation of the sale of a pistol. 5 E. g., United States v. Townsend, 555 F.2d 152, 157 (7th Cir.), Cert. denied, 434 U.S. 897 , 98 S.Ct. 277 , 54 L.Ed.2d 184 (1977); United States v. Reynoso-Ulloa, 548 F.2d 1329, 1336 (9th Cir. 1977); United States v. Reed, 526 F.2d 740, 743 (2d Cir. 1975), Cert. denied, 424 U.S. 956 , 96 S.Ct. 1431 , 47 L.Ed.2d 361 (1976); United States v. Dickens, 524 F.2d 441, 444 (5th Cir. 1975), Cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976) 6 543 F.2d at 414 , Quoting United States v. Anglada, 524 F.2d 296, 298 (2d C…
discussed Cited as authority (rule) United States v. John Arthur Daniels (2×)
5th Cir. · 1978 · confidence medium
United States v. Dickens, 524 F.2d 441, 444 (5th Cir. 1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976).
cited Cited "see" United States v. Kelvin Lorenzo Harris
11th Cir. · 2021 · signal: see · confidence high
See United States v. Dickens, 524 F.2d 441, 445 (5th Cir. 1975). 25 USCA11 Case: 19-13692 Date Filed: 08/09/2021 Page: 26 of 42 robbing a stash house. 742 F.3d at 1284 .
discussed Cited "see" Cooley v. State
Ala. Crim. App. · 1996 · signal: see · confidence high
See Sullivan v. State , 527 So.2d 775 (Ala.Cr.App. 1988), citing United States v. Dickens , 524 F.2d 441 , 444 (5th Cir. 1975), cert. denied, Glenos v. United States , 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976).
cited Cited "see" United States v. Davila
S.D. Fla. · 1988 · signal: see · confidence high
See, United States v. Dickens, 524 F.2d 441 (5th Cir.1975), cert. denied, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976).
cited Cited "see" United States v. Adalberto Cervantes-Pacheco, Jerry Wayne Nelson and William E. Nelson
5th Cir. · 1986 · signal: see · confidence high
See United States v. Dickens, 524 F.2d 441, 446 (5th Cir.1975), cert. denied sub nom., Glenos v. United States, 425 U.S. 994 , 96 S.Ct. 2208 , 48 L.Ed.2d 819 (1976). 7 .
discussed Cited "see" United States v. Adalberto Cervantes-Pacheco, Jerry Wayne Nelson and William E. Nelson (2×)
5th Cir. · 1986 · signal: see · confidence high
See United States v. Dickens, 524 F.2d 441, 446 (5th Cir. 1975), cert. denied sub nom.
cited Cited "see" United States v. Jack Gonzalez Edwards and Pasquale Matassini
5th Cir. · 1977 · signal: see · confidence high
See United State v. Dickens, 524 F.2d 441 (5th Cir. 1975).
cited Cited "see" David Roberto Alvarez v. United States of America
5th Cir. · 1976 · signal: accord · confidence high
Accord, United States v. Dickens, 5 Cir. 1975, 524 F.2d 441 . 4 .
cited Cited "see, e.g." Pines v. State
Ala. · 2015 · signal: see also · confidence medium
See also United States v. Gomez-Rojas, 507 F.2d 1213, 1218 (5th Cir.1975).’ ” Davis, 570 So.2d at 795 (quoting United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975)).
discussed Cited "see, e.g." United States v. Stanley Mitchell
6th Cir. · 1992 · signal: compare · confidence medium
Barger, 931 F.2d at 366 (the unwary criminal is one who readily avails himself of the opportunity to engage in criminal conduct); compare with United States v. Dickens, 524 F.2d 441, 444 (5th Cir.1975) (courts must determine whether there exists a substantial risk that the government's conduct was such that the offense would be committed by a person other than one ready to commit it). 12 Here, the only "inducement" offered by the government, through its informant, was an opportunity to help Sam.
examined Cited "see, e.g." United States v. Frank Runnels (86-1923) and Arnold Shapero (86-1922) (4×)
6th Cir. · 1987 · signal: see also · confidence medium
See also United States v. Dickens, 524 F.2d 441, 446 (5th Cir.1975), cert. denied sub nom.
UNITED STATES of America, Plaintiff-Appellee,
v.
Robert Edward DICKENS, Sr., Gus Peter Glenos and Robert Morrison, Defendants-Appellants
74-3627.
Court of Appeals for the Fifth Circuit.
Dec 5, 1975.
524 F.2d 441
Thomas M. Haas, Mobile, Ala., for defendants-appellants., Charles S. White-Spunner, U. S. Atty., Irwin W. Coleman, Jr., William R. Favre, Jr., Asst. U. S. Attys., Mobile,- Ala., for plaintiff-appellee.
Godbold, Simpson, Clark.
Cited by 83 opinions  |  Published
CLARK, Circuit Judge:

Defendants Dickens, Glenos and Morrison appeal from their convictions of conspiring to distribute (21 U.S.C. § 846) and knowingly and intentionally distributing and possessing with intent to distribute (21 U.S.C. § 841(a)(1)) over 223 pounds of marijuana. At trial, the defendants attempted to prove that they were entrapped by the combined efforts of an informer and two special agents of the Drug Enforcement Administration (DEA). The jury was charged on the law of entrapment but returned guilty verdicts as to all defendants. On appeal, defendants urge two grounds for reversal: (1) the cause should not have been submitted to the jury because the evidence established entrapment as a matter of law; (2) the trial court erred in limiting the applicability of its “contingent fee informer” charge to defendant Morrison. We affirm.

I. THE FACTS

At least a week prior to defendants’ arrest, Jack Taylor, a DEA agent, and Jessie Graddick, a Mobile resident who worked as a confidential informer, devised a plan to involve defendants in an illegal drug transaction. Taylor, using the alias of Dick Prescott, would pose as a wealthy gambler who had just flown in from South Carolina for the purpose of purchasing a large quantity of marijuana. Graddick’s role was to set up the “buy” by contacting his friend, defendant Morrison, who in turn would arrange for the contraband to be furnished by defendants Dickens and Glenos.

Up until the last moment, the plan seemed to progress according to schedule. Agent Taylor testified that on the evening of March 25, 1974, he was met at the airport by Graddick and Morrison and driven to a motel in Morrison’s car. At the motel, Morrison separately introduced “Prescott” to Dickens and Glenos and arrangements were made for a sale' the next day. On the morning of March 26, 1974, Morrison, Dickens and Graddick met with “Prescott” and DEA special agent Clifford Brown who was posing as “Prescott’s” airplane pilot who would fly the marijuana out of Mobile. “Prescott” then lent the defendants a rental car to use in transporting the marijuana. The defendants proceeded to pick up the marijuana supplied by Dickens and Glenos. After leaving the car at a preselected location, they returned to the motel. On his return, defendant Morrison was accompanied by a man who was able to identify agent Brown as a narcotics officer. Realizing that their cover was blown, the agents arrested the defendants. The car, loaded with marijuana, was located and seized approximately two hours later.

The defendants did not attempt, for the most part, to controvert the government’s version of the events immediately preceding the arrest. Rather, they sought to establish that they had been the victims of illegal entrapment. The informer Graddick testified as a witness for the defense that he had known Morrison for over 12 years, that they were very close friends and that he knew that Morrision had never smoked marijuana and was not a drug dealer. He explained how he induced Morrison to become involved by reminding him of their friendship, telling Morrison that he needed money and tempting Morrison with false stories about “Prescott’s ” lavish wealth ’ and spendthrift nature. Grad-dick admitted that the government had paid him 300 dollars for his efforts and had requested an IRS agent to postpone the due date on back taxes Graddick owed. Graddick also described how he encouraged Morrison to contact Dickens and Glenos and how he related some of the tales about “Prescott” to these other two defendants.

Defendant Morrison took the stand and portrayed himself and his co-defendants as innocent men who had been overborne by Graddick’s constant urgings. Morrison testified that prior to “Prescott’s” arrival, Graddick met with[*444] him 15 to 20 times and called him about 60 times in an effort to overcome his reluctance to deal in marijuana. According to Morrison, he was hesitant even on the morning of arrest and would not have participated except for Graddick’s persistence.

To rebut the entrapment defense, the government produced two narcotics officers who testified that they had been told by unidentified informants that defendants Dickens and Glenos had reputations for dealing in marijuana. These officers had no knowledge of Morrison’s reputation. The government contested Morrison’s claim of entrapment by eliciting testimony from Graddick, Morrison and Taylor to show that Morrison expected to receive a substantial sum for his part in the transaction and that Morrison had once purchased a lid (approximately 1 ounce) of marijuana.

II. ENTRAPMENT AS A MATTER OF LAW

Defendants admit that the jury was properly charged on the general law of entrapment. [1] They assert that the court’s principal error was in submitting the issue to the jury at all since the proof established they were entrapped as a matter of law. In the landmark case of United States v. Russell, 411 U.S. 423, 93 S.Ct. 1637, 36 L.Ed.2d 366 (1973), the United States Supreme Court chose not to depart from the traditional view of the entrapment defense and reaffirmed the rule that “[i]t is only when the Government’s deception actually implants the criminal design in the mind of the defendant that the defense of entrapment comes into play.” Id. at 436, 93 S.Ct. at 1645. If the government agent has merely provided the opportunity or facilities for the commission of crime, the prosecution will not be defeated. Id. at 435, 93 S.Ct. at 1644. Russell teaches that the primary focus is on the predisposition of the accused rather than the agents’ actions. Id. at 429, 93 S.Ct. at 1641.

This court has previously explained the proper allocation of the burden of proof when trying a case in which entrapment is claimed. The defendant must first come forward with evidence sufficient to raise a jury issue “that the Government’s conduct created a substantial risk that the offense would be committed by a person other than one ready to commit it.” United States v. Mosley, 496 F.2d 1012, 1014 (5th Cir. 1974) citing Pierce v. United States, 414 F.2d 163, 168 (5th Cir. 1969). Once such issue is raised, the. government must prove beyond a reasonable doubt that the defendant was predisposed to commit the charged offense. Id. See also United States v. Gomez-Rojas, 507 F.2d 1213, 1218 (5th Cir. 1975). By relying on entrapment as a defense, an accused exposes himself to a “searching inquiry into his own conduct and predisposition . .” Sorrells v. United States, 287 U.S. 435, 451, 53 S.Ct. 210, 216, 77 L.Ed. 413 (1932). To negative the defense, the government may introduce evidence to prove predisposition which is otherwise inadmissible. United States v. Moriarty, 497 F.2d 486, 488 (5th Cir. 1974); United States v. Simon, 488 F.2d 133 (5th Cir. 1973).

In the case at bar, the defendants were entitled to an instruction on entrapment. Graddick was instrumental in orchestrating the events which culminated in the prohibited transaction. The entrapment issue centered upon whether Graddick’s conduct had the effect of corrupting “otherwise innocent” men' to break the law. See Sorrells v. United States, 287 U.S. 435, 451, 53 S.Ct. 210, 216, 77 L.Ed. 413 (1932). Our appellate review function is directed to determining if enough evidence was presented to enable a reasonably minded jury to reach the conclusion that the defendants were predisposed to deal in contraband. United States v. Mitchell, 493 F.2d 9 (5th Cir.[*445] 1973); United States v. Stills, 476 F.2d 592 (5th Cir. 1973).

We have little difficulty affirming that the evidence warranted a jury submission and that the guilty verdict is supported with respect to defendants Dickens and Glenos. The reputation testimony provided by the narcotics officers was sufficient to permit the jury to find that these defendants were not unwilling to commit the crime. No objection may be made to the hearsay nature of the officers’ testimony. We have held that if entrapment is asserted, hearsay is admissible to show predisposition and the government is not required to disclose the names of the informants. United States v. Simon, 488 F.2d 133, 134 (5th Cir. 1973); United States v. Brooks, 477 F.2d 453 (5th Cir. 1973). Further, after hearing the evidence relating to Morrison’s and Graddick’s contacts with Dickens and Glenos prior to arrest, it would have been hard for the jury to accept the theory that the wills of these two men had been overborne by government-sponsored solicitations. In addition to considering testimony as to Dickens’ and Glenos’ reputation for dealing in drugs, the jury was entitled to consider the ability of these defendants to supply large quantities of marijuana shortly after they had been requested to do so.

Whether the government adequately discharged its burden of proving predisposition with respect to defendant Morrison presents a more difficult question. Morrison had no reputation for dealing in drugs. His single purchase of a small quantity of marijuana is not probative of a willingness to engage in a large scale drug transaction. However, the quality of Morrison’s conduct prior to the commission of the offense is such that the question of his guilt was properly put to the jury. To a large extent, Morrison was responsible for bringing together all the parties to the transaction. He introduced his co-defendants to the prospective buyer and acted as the intermediary who greatly facilitated the successful and rapid completion of the crime. Moreover, Morrison was motivated to make the introductions and expedite the crime by the expectation of financial gain. If the sale were carried out, he expected to realize over 3,000 dollars profit plus a 1,000 dollar bonus for every 100 pounds of contraband he caused to be distributed.

Proof of willingness or predisposition to commit crime may take more than one form. The government is not restricted to introducing past crimes or reputation evidence. In United States v. Jones, 473 F.2d 293 (5th Cir. 1973), we stated:

Evidence of willingness may include, but is not limited to, proof of prior offenses and predisposition. It also may include evidence of eagerness to deal in the transaction in issue if a jury could conclude that such eagerness was not itself a product of the inducement whose impact on the mind of the defendant is in question. Id. at 294.

The First Circuit has regarded proof of “the readiness and celerity with which a defendant comported with government overtones . . . ” as a legitimate means for the prosecution to negate the entrapment defense and to show predisposition. Whiting v. United States, 296 F.2d 512, 516 (1st Cir. 1961). In United States v. Jenkins, 480 F.2d 1198 (5th Cir. 1973), this court found that the defendant’s post-crime statement (“if you need more, I’ll be here”) constituted sufficient evidence to permit the trier of fact to infer a prior willingness to commit a narcotics offense. Id. at 1200.

From these authorities it can be discerned that a jury may appropriately consider the defendant’s conduct and statements subsequent to his initial contact with the government agent, as well as proof of his state of mind before the contact was made, to determine whether the accused should be classified as an “unwary innocent” or an “unwary criminal.” This is not to say, however, that the mere fact the defendant committed the crime can ever be sufficient[*446] proof to show predisposition. We reiterate the same caution expressed in Jones:

To infer readiness and willingness from the transactions in question (as opposed to inferring it from prior occurrences) requires not merely evidence that the accused was shorn but evidence that he went all too eagerly to the shearing shed. 473 F.2d at 294 n.l.

There is ample evidence in this record that Morrison played an active role in arranging the sale and the jury could have reasonably concluded that his aggressive conduct was inconsistent with his claim of entrapment. Unlike the accused in Sherman v. United States, 356 U.S. 369, 78 S.Ct. 819, 2 L.Ed.2d 848 (1958), Morrison did not participate in the sale solely to help a close friend solve his drug or money problem. Morrison’s attempt to take money from the transaction for himself, like his eager, effective efforts to consummate the sale, is not the kind of conduct one would expect from an innocent man entrapped by the insistent appeals of a false friend. Cf. United States v. Principe, 482 F.2d 60, 62 (1st Cir. 1973). The issue of the entrapment of defendant Morrison was properly submitted to the jury and we thus affirm its decision.

III. CONTINGENT FEE

The court instructed the jury that if it found that Graddick was working on a contingent fee basis it must acquit the defendant Morrison. [2] Defendants Dickens and Glenos excepted to their exclusion from this facet of the charge and reurge this objection on appeal. Evidently- the court did not consider Dickens and Glenos to be sufficiently connected with Graddick to be affected by his status. We pretermit any ruling on such an analysis. In light of the outcome of this trial, it is inconceivable that the defendants could have been prejudiced by the exclusion. By convicting Morrison, the jury necessarily decided that no contingent fee arrangement existed. There would not have been a different outcome if the trial judge had included the other defendants in the charge.

Moreover, the jury’s finding of a lack of a contingent fee arrangement comports with the record. The evidence falls short of establishing that the kind of fee arrangement condemned in Williamson v. United States, 311 F.2d 441 (5th Cir. 1962) was present in this case. Both Graddick and agent Taylor testified that no agreement was made beforehand concerning the timing or amount of payment. Unlike the informer in Williamson, Graddick was not promised a specified sum of money to convict a specified suspect. The most probative evidence to establish a contingent fee arrangement existed was Agent Brown’s statement that informants were generally paid on the basis of what they produce. This is insufficient to bring the case within Williamson. Heard v. United States, 414[*447] F.2d 884, 886 (5th Cir. 1969). See also United States v. Oquendo, 505 F.2d 1307, 1310 (5th Cir. 1975).

The court’s action in limiting its “contingent fee informer” instruction to the defendant Morrison was not reversible error.

Affirmed.

2

. The pertinent portion of the court’s charge provided:

“With reference to Mr. Morrison, you must first determine whether Mr. Graddick was on a contingent fee basis with the Government. That has to do with the method of payment, if any, that he was to receive, including any beneficial help that he may have been promised or lead to believe that he would get with the Internal Revenue Service. “If the arrangement between Mr. Graddick, by word or by deed, expressly or inferred, was such that he was to receive benefits commensurate with whether or not a case was made against one or more of these defendants, then that becomes a contingent fee. If the evidence is such that what help, if any, or what pay, if any, he was to receive did not depend on the success or validity of whatever he did in this case, then it would not be a contingent fee.
“If there was not a contingent fee, then you go right ahead and consider the defendant, Morrison, right along with the others. If you determine that there was a contingent fee arrangement, then under the facts and circumstances of this case, I charge you that you will have to find for the defendant, Morrison, but that does not — those instructions on contingent fee do not apply to the others as to having to find for them.”