United States v. Leobardo Sanchez

8 F.3d 33 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leobardo SANCHEZ, Defendant-Appellant. No. 92-10357. United States Court of Appeals, Ninth Circuit. Submitted May 14, 1993. * Decided Oct. 5, 1993. 1 Before: POOLE and FERNANDEZ, Circuit Judges, and KELLEHER, Senior District Judge ** 2 MEMORANDUM *** 3 Leobardo Sanchez appeals his jury conviction for distribution of heroin in violation of 21 U.S.C. § 841 (a)(1). Sanchez claims that he established an entrapment defense as a matter of law and was, therefore, entitled to an acquittal. We affirm. 4 Because entrapment is generally a jury question, "[t]o establish entrapment as a matter of law, the defendant must point to undisputed evidence making it patently clear that an otherwise innocent person was induced to commit the illegal act by trickery, persuasion, or fraud of a government agent." United States v. Smith, 802 F.2d 1119, 1124 (9th Cir.1986). "A defense of…