Criminal Law: Sentencing – ‘Entrapment’ – Notice

Stephanie Maniscalco//June 2, 2011//

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Where a defendant was a convicted crack cocaine dealer who was released from federal prison less than eight months before the offense at issue, strong evidence weighed against the defendant’s claim that he was not predisposed to sell more than five grams of the drug, so the sentencing entrapment argument failed the plain-error test, and the government’s notice of possible enhanced sentence in the case fulfilled statutory requirements as well as its purpose of informing the defendant of his prior convictions with time to decide whether to enter a plea or go to trial with full knowledge of the consequences of a guilty verdict.

Judgment is affirmed.

U.S. v. Booker (MLW No. 62256/Case No. 10-2736 – 11 pages) (U.S. Court of Appeals, 8^th Circuit, Riley, J.) Appealed from U.S. District Court, District of North Dakota, Erickson, J. (Christopher J. Lancaster, Fargo, North Dakota, argued for appellant) (Brett M. Shasky, Fargo, North Dakota, argued for appellee).

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