U.S. v. OSBORNE

No. 90-5691.

935 F.2d 32 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas Floyd OSBORNE, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 28, 1991.

As Amended June 21, 1991.

As Amended July 17, 1991.

As Amended August 12, 1991.


Attorney(s) appearing for the Case

Anthony W. Harrison, Sr., argued, Harrison, North, Cooke & Landreth (Susan Hayes, on brief), Greensboro, N.C., for defendant-appellant.

Lisa Blue Boggs, Asst. U.S. Atty., argued (Robert H. Edmunds, Jr., U.S. Atty., on brief), Greensboro, N.C., for plaintiff-appellee.

Before ERVIN, Chief Judge, WILKINSON, Circuit Judge, and SMITH, District Judge for the Eastern District of Virginia, sitting by designation.


ERVIN, Chief Judge:

This appeal arises out of alleged government entrapment in connection with a child pornography sting operation. We are presented with the question of whether the district court may properly rule prior to trial that no entrapment existed as a matter of law, thus preventing the defendant from presenting evidence at trial on the defense of entrapment. We hold that, although pretrial resolution of an entrapment...

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