United States v. Salvador Sotelo-Murillo

Sotelo was convicted of two counts of distribution of heroin in violation of 21 U.S.C. § 841 (a)(1). He appeals the conviction, arguing that the court erred in (1) failing to instruct the jury on the defenses of entrapment and outrageous government conduct; (2) failing to instruct the jury concerning the alleged felony conviction of a testifying government informant; and (3) admitting expert testimony relating to the typical life-style of brokers of Mexican brown heroin. Because the district court erred in failing to instruct the jury on entrapment, we reverse.

FACTS

Sotelo’s arrest and conviction arose from a DEA sting operation in which Sotelo delivered heroin to DEA agents posing as narcotics purchasers. The sequence of events culminating in Sotelo’s conviction began in February of 1985, when Rogaci-ano Correa, a paid informant of the DEA, telephoned Sotelo and arranged to meet him at a restaurant. Correa and Sotelo were born in the same town in Mexico, and had known each other for thirty-five years. However, before the meeting in February of 1985, they had not seen each other for seven or eight years.

A few weeks later, Correa again phoned and met Sotelo. According to…