United States v. Daniel J. Hart Paul G. O'connell, United States of America v. Daniel J. Hart

The United States appeals the district court’s grant of Paul O’Connell’s motion for acquittal and Daniel Hart’s motion for acquittal following their jury convictions for conspiracy to distribute cocaine. Hart also made a motion for a new trial. The court granted these motions after the jury acquitted O’Connell of distributing or aiding and abetting the distribution of cocaine. Hart appeals his jury convictions for distributing cocaine on the grounds that he was entrapped and that the government’s conduct was outrageous. We reverse the grant of the motions and otherwise affirm.

BACKGROUND

Hart and O’Connell were charged with distributing or aiding and abetting the distribution of cocaine as well as conspiring together or with known or unknown persons to distribute cocaine. Hart was also charged with two separate counts of distributing cocaine. This prosecution arose from a government sting operation in Sun Valley, Idaho. Wayne Joler, a former resident of Sun Valley, was indicted on charges of drug trafficking and income tax evasion. Joler pled guilty to one count of income tax evasion and agreed to become a government informant. Joler’s sentence was suspended so that he could…