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UNITED STATES v. WEBSTER

No. 79-5013.

649 F.2d 346 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Albert Keith WEBSTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 2, 1981.

Attorney(s) appearing for the Case

Charles I. Poole, Miami, Fla. (Court-appointed), for defendant-appellant.

Samuel J. Smargon, Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before GODBOLD, Chief Judge, BROWN, COLEMAN, AINSWORTH, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, and THOMAS A. CLARK, Circuit Judges.

HILL, Circuit Judge:

When the defendant in a criminal case adequately raises the affirmative defense of entrapment, the government has the burden of proving beyond a reasonable doubt that the defendant was predisposed to commit the crime charged. United States v. Dickens, 524 F.2d 441, 444 (5th Cir. 1975). This case presents us with an opportunity to reconsider the long-standing rule of this Circuit permitting introduction...

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