Monday, May 19, 2014

United States v. Lard case brief summary

United States v. Lard
Facts: ATF arrests an individual and enlists his cooperation to pursue Lard for selling unregistered firearms. Three visits occur with Lard repeatedly saying he doesn’t have any guns for sale. Eventually offers to sell a detonator. Either the government or the intermediary then ask for a pipe bomb which Lard agrees to sell after they smoke some dope together.
·         Court says the key concern is whether the government is manufacturing the idea for the crime.
·         The Court looks to the number of visits and the fact that they broached the idea for the pipe bomb to find inducement.
·         For predisposition, the Court considers the defendant’s background (education, sophistication, etc.) and lack of criminal record.
·         “While stealth law enforcement officials may use strategy, stealth, and even deception to catch the ‘unwary criminal,’ they may not arbitrarily select an otherwise law abiding person, gain his confidence, and then proceed to beguile or lure him to commit a crime he would not have otherwise attempted.”

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