United States v. Horacio Solis Lozoya

967 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Horacio Solis LOZOYA, Defendant-Appellant. No. 89-50613. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 8, 1992. Decided June 18, 1992. Before TANG, SCHROEDER and BEEZER, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Horacio Lozoya appeals his jury conviction of conspiring to possess with intent to distribute a controlled substance, 21 U.S.C. §§ 846 , 841(a)(1). Lozoya contends that he was entrapped as a matter of law and that he was the victim of outrageous government conduct. We affirm. DISCUSSION 3 I. Entrapment as a Matter of Law. 4 "Entrapment is established when it is shown that a government agent has persuaded an unwilling person to commit a crime." United States v. Esquer-Gamez, 550 F.2d 1231, 1232 (9th Cir.1977). The defense of entrapment involves two elements: (1) government inducement of the crime, and (2) lack of…