U.S. v. ALZATE

No. 94-1712.

70 F.3d 199 (1995)

UNITED STATES, Appellee, v. Luis ALZATE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 27, 1995.


Attorney(s) appearing for the Case

Normand S. Zalkind, Boston, MA, with whom Zalkind, Rodriguez, Lunt & Duncan is on brief, for appellant.

Margaret F. Curran, Assistant United States Attorney, with whom Sheldon Whitehouse, United States Attorney, and Edwin J. Gale, Assistant United States Attorney, are on brief, for appellee.

Before CYR, BOUDIN and STAHL, Circuit Judges.


PER CURIAM.

Defendant Luis Alzate appeals his conviction for possessing cocaine with intent to distribute, 21 U.S.C. §§ 841(a)(1) and (b)(1)(B), contending that two errors in the jury instructions relating to his entrapment defense warrant reversal. As Alzate failed to object at the time the instructions were given, we review only for plain error.

1. One element of entrapment is that the government has instigated the defendant's conduct. E.g....

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