O'BRIAIN, AKA O'BRIEN

v.

CALIFORNIA

Citator

Cited By (12 total)

• State v. Perez, 438 So. 2d 436 (Fla. 3d DCA 1983)
  …ral rule that the doctrine of entrapment is inapplicable where the inducement comes from a non-agent private citizen, Pearson v. United States, 378 F. 2d 555 (5th Cir.1967); see, e.g., United States v. Garcia, 546 F. 2d 613 (5th Cir.), cert. denied, 430 U.S. 958, 97 S.Ct. 1608, 51 L.Ed.2d 810 (1977), Perez argues that his entrapment claim comes within an exception to the rule. The exception, says Perez, is found in United States v. Valencia, 645 F. 2d 1158 (2d Cir.1980), where, according to him, the court r…
• United States v. Twigg, 588 F.2d 373 (3d Cir. 1978)
  …not raise the issue of entrapment on appeal. The defense would not be available to him because he was brought into the criminal enterprise by Ne-ville, not a government agent. See United States v. Garcia, 546 F. 2d 613, 615 (5th Cir.), cert. denied, 430 U.S. 958, 97 S.Ct. 1608, 51 L.Ed.2d 810 (1977); United States v. Mayo, 162 U.S.App.D.C. 171, 498 F. 2d 713 (1974). [*377] The contention that defendants raise which we find persuasive is that the nature and extent of police involvement in this crime was so o…

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• United States v. Mers, 701 F.2d 1321 (11th Cir. 1983)
  …himself of an entrapment defense unless the initiator of his criminal activity is acting as an agent of the government. United States v. Noll, 600 F. 2d 1123, 1129 (5th Cir.1979); United States v. Garcia, 546 F. 2d 613, 615 (5th Cir.), cert. denied, 430 U.S. 958, 97 S.Ct. 1608, 51 L;Ed.2d 810 (1977). Lester Mers never dealt with or even met Fiori, the government’s informant. Any inducements to Lester Mers to traffic in drugs came from Herman Mers, a private citizen. While Lester Mers’ vicarious entrapment t…