United States v. Sergio Ortiz-Martinez

2 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Sergio ORTIZ-MARTINEZ, Defendant-Appellant. No. 92-10394. United States Court of Appeals, Ninth Circuit. Submitted June 16, 1993. Decided Aug. 2, 1993. Before LAY, * Senior Circuit Judge, HUG and SCHROEDER, Circuit Judges. 1 MEMORANDUM ** 2 Sergio Ortiz-Martinez was convicted of possession with intent to distribute cocaine, conspiracy to possess with intent to distribute cocaine, and use of a firearm in relation to a drug trafficking crime. At the close of the evidence, Ortiz-Martinez moved for a judgment of acquittal, arguing that the evidence showed that he was entrapped as a matter of law. The court denied the motion but instructed the jury on the law of entrapment. Ortiz-Martinez now appeals. We affirm the judgment of conviction. I. Entrapment 3 The defense of entrapment has two elements: government inducement of the crime and the absence of predisposition on the…