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UNITED STATES v. HENRY

No. 83-1366.

749 F.2d 203 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Donald HENRY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 12, 1984.

Attorney(s) appearing for the Case

John H. Hagler, Curtis D. Glover, Dallas, Tex., for defendant-appellant.

James A. Rolfe, U.S. Atty., James T. Jacks, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, and HILL, Circuit Judges.

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...

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