United States v. Calderon-Rodriguez
United States v. Calderon-Rodriguez
Opinion of the Court
MEMORANDUM AND ORDER
On September 12, 2011, the government filed a motion in limine to preclude allegations of entrapment and jury nullification during defendant’s opening statements. (Docket No. 22.) On September 17, 2011, the defendant filed an opposition. (Docket No. 39.) The Court DENIES the government’s motion in limine.
The government maintains that the defendant cannot meet the burden of production as to the two elements comprising an entrapment defense, and accordingly should be denied the opportunity to argue for the entrapment defense during his opening statement. The two elements are as follows: “(1) government inducement of the accused to engage in criminal conduct, and (2) the accused’s lack of predisposition to engage in such conduct.” United States v. Sanchez-Berrios, 424 F.3d 65, 76 (1st Cir. 2005) (quoting United States v. Rodriguez, 858 F.2d 809, 812 (1st Cir. 1988)). Only when the defendant has satisfied his “entry-level burden of production as to both elements”, does the burden shift to the government to prove beyond a reasonable doubt that no entrapment occurred. Id. Moreover, the defendant is entitled to a jury instruction on his entrapment defense only if he carries this entry-level burden. Id. (affirming district court’s refusal to grant an entrapment instruction because appellant “provided no evidence of improper inducement adequate to satisfy his entry-level burden of production.”) It is clear that the defendant bears the burden to prove the two elements of entrapment by providing evidence, through witness testimony or
The government also moves this Court to preclude the defense “from raising arguments generally related to jury nullification.” (Docket No. 22 at 6.) The Court will address the arguments raised by defense counsel and the corresponding objections raised by the government on a case-by-case basis. Suffice it to say, however, that to the extent defense counsel chooses to encourage jurors to nullify the law, the Court will step in and “block defense attorneys’ attempts to serenade a jury with the siren song of nullification.” United States v. Sepulveda, 15 F.3d 1161, 1190 (1st Cir. 1993). The government’s motion for an explicit preclusion of certain arguments the defense may make during opening arguments is DENIED.
IT IS SO ORDERED.
Reference
- Full Case Name
- United States v. Luis CALDERON-RODRIGUEZ
- Status
- Published