U.S. v. BRAND

Docket No. 05-4155-CR.

467 F.3d 179 (2006)

UNITED STATES of America, Appellee, v. Matthew Adam BRAND, also known as Tempoteech, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 19, 2006.


Attorney(s) appearing for the Case

Alexander H. Southwell, Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York, on the brief; Marshall Camp, Assistant United States Attorney, and Kevin R. Puvalowski, Assistant United States Attorney, of counsel), New York, NY, for Appellee.

Colleen P. Cassidy, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Appellant.

Before MINER, WESLEY, and FRIEDMAN, Circuit Judges.


WESLEY, Circuit Judge.

This case requires careful consideration of the affirmative defense of entrapment. Under the entrapment doctrine, "[g]overnment agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." Jacobson v. United States, 503 U.S. 540, 548, 112 S.Ct. 1535, 118 L.Ed.2d 174...

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