United States v. Brian Hoyt, AKA Brian Doyle

On January 22, 1987, Drug Enforcement Agency (DEA) agents arrested appellant Brian Hoyt while Hoyt was in the process of selling five kilograms of cocaine to an undercover agent, Mark Nelson. A one count indictment charged Hoyt with violating 21 U.S.C. § 841 (a)(1) — possession with intent to distribute five thousand grams or more of cocaine. On May 13, 1987, a jury found Hoyt guilty. On July 10, 1987, Judge Aguilar sentenced Hoyt to ten years imprisonment, a five year supervised release, and a special penalty assessment of fifty dollars.

At trial, Hoyt attempted to present an entrapment defense. He argued that he had no predisposition to sell cocaine to Nelson but only agreed to do so after being induced to sell the cocaine by his friend Katherine who, unbeknownst to Hoyt, was acting as a DEA informant and agent at the time. Hoyt’s only evidence consisted of his own testimony. He put forth innocent explanations for incriminating evidence found at his home and in his safe deposit boxes. He described how Katherine had repeatedly asked him to sell co caine so that she could use the money to move out of an allegedly uncomfortable situation at her father’s house. Neither Hoyt nor the…