UNITED STATES of America, Plaintiff-Appellee, v. Salvatore LaRIZZA, Defendant-Appellant

Salvatore LaRizza (LaRizza) appeals from the judgment of conviction for drug related charges. LaRizza contends that the district court erroneously instructed the jury regarding the defense of entrapment. LaRizza further contends that his due process rights were violated because the district court denied his motion for an order requiring the Government to produce its informant as a witness.

We affirm because we conclude that the jury was properly admonished that the Government was required to persuade it that LaRizza was disposed to distribute cocaine prior to being first approached by the Government agents. We also conclude that LaRizza has failed to demonstrate that the denial of his motion for an order for the production of the Government’s informant was a violation of his right to due process.

I

The facts are not in dispute. During early 1990, the Seattle Division of the Federal Bureau of Investigation (FBI), in a joint operation with the Seattle Police Department, pursued an investigation into the activities of several persons suspected of a variety of criminal offenses, including gambling, prostitution, profit skimming, and narcotics violations. Detective Richard O’Donnell…