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UNITED STATES v. LASUITA

No. 83-1478.

752 F.2d 249 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Glenn LASUITA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 18, 1985.

Rehearing Denied March 29, 1985.

Attorney(s) appearing for the Case

James D. O'Connell, argued, Highland Park, Mich., for defendant-appellant.

Leonard R. Gilman, U.S. Atty., Brian Legghio, Asst. U.S. Atty., argued, Detroit, Mich., for plaintiff-appellee.

Before MERRITT, Circuit Judge, PHILLIPS, Senior Circuit Judge, and BERTELSMAN, District Judge.

MERRITT, Circuit Judge.

The principal question presented on this appeal is whether the District Court properly answered a question of the jury on the law of entrapment. We conclude that the jury was misinformed and reverse for a new trial.

I.

Lasuita paid $50,000 in cash for 1,000 pounds of marijuana to DEA agents posing as marijuana suppliers. Gerald Halecki, a confidential informant, testified that he met with Lasuita early in January, 1982 and...

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