Cabrera

United States v. Cabrera

Good Law
61 F. App'x 410
United States Court of Appeals for the Ninth CircuitApril 14, 2003No. 02-10266; D.C. No. CR-97-00220-RLHCalifornia473 words

Opinion

Lead Opinion

MEMORANDUM *

Carlos Manuel Cabrera appeals his convictions on four counts related to the distribution of controlled substances. We affirm. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

1. The district court did not abuse its discretion in determining that Cabrera was not entitled to a jury instruction regarding entrapment. “A defendant need only present ‘slight’ evidence of two elements in order to receive an entrapment instruction: (1) inducement by a government agent to commit an illegal act that (2) the defendant was not predisposed to commit.” United States v. Burt, 143 F.3d 1215, 1218 (9th Cir.1998).

Cabrera did not present, nor solicit on cross-examination, even “slight” evidence tending to prove lack of predisposition. In particular, there is no evidence that Cabrera was reluctant to participate in the drug transactions.

Cabrera argues that the record lacked any evidence that he was involved in drug transactions prior to the sting operation and that this fact alone establishes a lack of predisposition. But the record is not quite as silent as Cabrera indicates: The government introduced uncontested evidence…

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