United States v. David Wayne Hermanson

91 F.3d 156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David Wayne HERMANSON, Defendant-Appellant. No. 95-10450. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1996. * Decided July 10, 1996. 1 Before: O'SCANNLAIN and LEAVY, Circuit Judges; MOSKOWITZ, ** District Judge. 2 MEMORANDUM *** 3 David Wayne Hermanson appeals from his jury conviction for unlawful possession of explosives by a felon. 4 * Hermanson argues that the district court erred in not holding that he was entrapped as a matter of law. The entrapment defense has two elements: (i) government inducement of the crime, and (ii) the absence of predisposition on the part of the defendant. United States v. Lorenzo, 43 F.3d 1303, 1305 (9th Cir.1995); United States v. Davis, 36 F.3d 1424, 1430 (9th Cir.1994). Because an appellate court is not in a position to determine whether a defendant was entrapped where the jury chose between conflicting…