GABRISH

v.

UNITED STATES

Citator

Cited By (13 total)

• United States v. Ortiz, 804 F.2d 1161 (10th Cir. 1986)
  …issue, the defendant must point to evidence that is more than “flimsy or insubstantial.” Id. Thus, conclusory and self-serving state [*1166] ments, standing alone, will not suffice. United States v. Kakley, 741 F. 2d 1, 4 (1st Cir.), cert. denied, 469 U.S. 887, 105 S.Ct. 261, 83 L.Ed.2d 197 (1984). The evidence must create a genuine factual issue that properly can be resolved only by a jury as the finder of fact.4 Thus, once the trial judge has concluded that there is sufficient evidence to support an en…
• United States v. Giry, 818 F.2d 120 (1st Cir. 1987)
  …is entitled to have the jury consider the issue of entrapment, he must offer some evidence, amounting to more than a scintilla, that he lacked a predisposition to commit the offense.” United States v. Kakley, 741 F. 2d 1, 3 (1st Cir.), cert. denied, 469 U.S. 887, 105 S.Ct. 261, 83 L.Ed.2d 197 (1984). In this case, convincing evidence of the appellants’ predisposition to engage in drug importing was provided by agent Mitchell’s testimony about the seventh meeting with Giry. According to Mitchell, Giry told…
• United States v. Rodriguez, 858 F.2d 809 (1st Cir. 1988)
  …809 F. 2d at 122; United States v. Espinal, 757 F. 2d 423, 425-26 (1st Cir.1985). Similarly, the threshold is not overcome by a defendant’s “conclusory and self-serving statements.” United States v. Kakley, 741 F. 2d 1, 4 (1st Cir.), cert. denied, 469 U.S. 887, 105 S.Ct. 261, 83 L.Ed.2d 197 (1984). And it is not enough simply that the government “afford[ed] the defendant the opportunity for commission of the offense.” United States v. Fera, 616 F. 2d 590, 596 (1st Cir.), cert. denied, 446 U.S. 969, 100…