United States v. Michael Patrick Lessard

In this appeal we are confronted with the law of entrapment and are asked to evaluate jury instructions on that issue. The defendant asserts that his acquittal on one set of charges was inconsistent as a matter of law with his conviction on a second set of charges. The defendant also argues that the instructions given in this case were plainly erroneous because they failed to state accurately the government’s burden of proof. We reverse and’remand for a new trial.

FACTS AND PRIOR PROCEEDINGS

Michael Patrick Lessard, a member of the Hell’s Angels Motorcycle Club, appeals from his conviction on two counts of federal firearms violations, viz., of being an ex-felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1), and for possession and transfer of an unregistered firearm in violation of 26 U.S.C. § 5861 (d). ' Lessard’s conviction arose from his possession and transfer of explosives to Anthony Tait, a fellow Hell’s Angel and, unbeknownst to Lessard, a government informant, on September 20, 1987. Lessard was also charged with identical crimes arising from the possession and transfer of explosives to Tait on June 18, 1987.

The jury acquitted Lessard on the charges…