United States v. Corona
Opinion
Lead Opinion
*34 MEMORANDUM *
Marco Corona-Bracamontes (“Corona”) appeals his convictions for possession with intent to distribute a controlled substance, 21 U.S.C. § 841 (a)(1); carrying a firearm during a drug trafficking offense, 18 U.S.C. § 924 (c)(1)(A); and unlawful possession of a firearm, 18 U.S.C. § 922 (g)(1). 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.
Corona contends that the district court erred in excluding as hearsay statements made to him by a government informant. The statements allegedly establish that the informant called Corona and asked if he would be interested in selling drugs to another dealer. When Corona refused, the informant insisted that he perform the sale in order to resolve both of their financial problems and to allow Corona, who was unemployed at the time, to sustain his drug habit. Corona contends that these statements bolstered his entrapment defense by showing that the informant’s persistence ultimately persuaded him to participate in the transaction.
The defense of entrapment has two elements: (1) government inducement to commit the crime, and (2) absence of predisposition by the defendant. United States v.…