MCDANIEL

v.

UNITED STATES

Citator

Cited By (35 total)

• United States v. Ortiz, 804 F.2d 1161 (10th Cir. 1986)
  …has a duty to rule on the defense as a matter of law. United States v. Gurule, 522 F. 2d 20, 23 (10th Cir.1975), cert. denied, 425 U.S. 976, 96 S.Ct. 2177, 48 L.Ed.2d 800 (1976); United States v. Rhodes, 713 F. 2d 463, 467 (9th Cir.), cert. denied, 464 U.S. 1012, 104 S.Ct. 535, 79 L.Ed.2d 711 (1983). Just as a court may find entrapment “as a matter of law” when the evidence satisfying the elements of entrapment is uncontradicted, it also may conclude “as a matter of law” that the evidence is insufficient t…
• United States v. Hoyt, 879 F.2d 505 (9th Cir. 1989)
  …nds that the defendant has not presented sufficient evidence to show both inducement and lack of predisposition, the trial judge is obliged to deny the requested instruction. Id.; United States v. Rhodes, 713 F. 2d 463, 467 (9th Cir.), cert. denied, 464 U.S. 1012, 104 S.Ct. 535, 78 L.Ed.2d 715 (1983). Similarly, if the prosecution has rebutted a showing of either inducement or a claim of lack of predisposition so that no rational jury could entertain a reasonable doubt as to either element, the trial judge’…

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• United States v. Loya, 807 F.2d 1483 (9th Cir. 1987)
  …n a charge of aiding and abetting the transportation of aliens within the United States pursuant to 18 U.S.C. § 2 (1982) and 8 U.S.C. § 1324(a)(2).3 We rejected a similar contention in United States v. Pruitt, 719 F. 2d 975 (9th Cir.), cert. denied, 464 U.S. 1012, 104 S.Ct. 536, 78 L.Ed.2d 716 (1983). We stated in Pruitt: “[T]he elements of a violation of 8 U.S.C. § 1325 are not contained within the elements of 8 U.S.C. § 1324(a)(2).” 719 F. 2d at 978. The dis [*1486] trict court did not err in refusing to g…