UNITED STATES v. CABRERA

No. 19-3363-cr. August Term 2020.

13 F.4th 140 (2021)

UNITED STATES of America, Appellee, v. John E. CABRERA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 8, 2021.


Attorney(s) appearing for the Case

DANIEL HABIB , Federal Defenders of New York, New York, NY, for Defendant-Appellant John Cabrera.

DANIELLE R. SASSOON , Assistant United States Attorney ( Dominic Gentile , Rebekah Donaleski , Thomas McKay , Assistant United States Attorneys, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.

JUDGE SULLIVAN dissents in the Court's opinion, and files a dissenting opinion.


John Cabrera engaged in four drug transactions with his barber, who was a government informant. Cabrera's sole defense was entrapment, which (as the district court acknowledged) was a close call as to the element of inducement. He appeals chiefly on the grounds that: the charge...

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