U.S. v. RUBIO

No. 87-1255.

834 F.2d 442 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Sabino Antonio RUBIO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 13, 1988.


Attorney(s) appearing for the Case

Steve Orr, Austin, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Janet E. Bauerle, W. Ray Jahn, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before GOLDBERG, POLITZ, and DAVIS, Circuit Judges.


GOLDBERG, Circuit Judge:

Though defendant-appellant Rubio alleges several grounds of error, this appeal presents only two difficult questions: whether it was reversible error for the district court to refuse Rubio's proposed jury instructions defining certain elements of the offense, and whether, without governmental inducement, Rubio would have been predisposed to commit both offenses charged. Finding that defendant was not deprived of an opportunity to have the...

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