United States v. John Wendall Dearmore

John Wendall Dearmore appeals his convictions of conspiracy to attempt bank robbery in violation of 18 U.S.C. §§ 371 , 2113(a) (1976) and attempted bank robbery in violation of 18 U.S.C. § 2113 (a) (1976). A principal contention on appeal is that the law does not punish a conspiracy to attempt a crime and that Dearmore’s conviction on this count should be set aside. Dearmore argues further that both convictions should be overturned because the conduct of law enforcement officers and a government informant violated his due process rights. We reject these contentions. We do conclude, however, that the convictions must be reversed and new trial ordered because of an error in the instructions to the jury on the issue of entrapment.

On or about January, 1981, one Schuster, an informant for the Portland Police Bureau, told detective Cosby that Dearmore and Pat McNeal were planning a robbery in the Portland area. Though Schuster was on parole and probation, he was considered a reliable informant by the Portland police and had aided them in major felony cases in the past.

Detective Cosby commenced surveillance of Dearmore and McNeal and observed them casing a bank. The matter was turned…