Knowledge (XXG)

United States v. Russell

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his first visit to the laboratory on December 7, 1969. And when the laboratory was searched pursuant to a search warrant on January 10, 1970, two additional bottles labeled phenyl-2-propanone were seized. Thus, the facts in the record amply demonstrate that the propanone used in the illicit manufacture of methamphetamine not only could have been obtained without the intervention of Shapiro but was in fact obtained by these defendants.
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idea that the defendant's conduct or state of mind had any bearing, since arguing entrapment by its very nature concedes commission of the act: "He may not have originated the precise plan or the precise details, but he was "predisposed" in the sense that he has proved to be quite capable of committing the crime".
536:, he expressed concern that a predisposition test would needlessly deter defendants who might otherwise have a case based on the behavior of the government agents involved from doing so, since it would allow the prosecution to bring up prior bad acts that would be prejudicial to the jury and otherwise 506:
He insisted no conviction in such a case should be allowed. "Federal agents play a debased role when they become the instigators of the crime, or partners in its commission, or the creative brain behind the illegal scheme. That is what the federal agent did here when he furnished the accused with one
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and saw no reason to change now. He reiterated previous justices' argument against it from those decisions, and rapped the lower court: "We think that the decision of the Court of Appeals in this case quite unnecessarily introduces an unmanageably subjective standard which is contrary to the holdings
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The record discloses that although the propanone was difficult to obtain, it was by no means impossible. The defendants admitted making the drug both before and after those batches made with the propanone supplied by Shapiro. Shapiro testified that he saw an empty bottle labeled phenyl-2-propanone on
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Russell had admitted to that during his appeal, but he and his lawyers argued that the entrapment defense should focus entirely on what the federal operatives did and not his state of mind. They asked the Court to overrule two previous cases that had established this "subjective" test in favor of the
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The next sentence has reverberated around discourse on the entrapment defense ever since: "...we may some day be presented with a situation in which the conduct of law enforcement agents is so outrageous that due process principles would absolutely bar the government from invoking judicial processes
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Connolly and Russell both argued that, in their cases, it was the government agent's assistance in their enterprise — and only that — which had made the specific offenses they were tried for possible. The jury rejected that argument, following instead the subjective entrapment standard, holding that
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John Connolly did not appear. His brother and Russell were found guilty on all five counts. Both raised the entrapment defense, arguing that while they would have made and sold meth regardless of Shapiro's involvement, his supplying of an ingredient that, while legal, was difficult to get due to the
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Even if we were to surmount the difficulties attending the notion that due process of law can be embodied in fixed rules, and those attending respondent's particular formulation, the rule he proposes would not appear to be of significant benefit to him. For, on the record presented, it appears that
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Stated another way, this subjective test means that the Government is permitted to entrap a person with a criminal record or bad reputation, and then to prosecute him for the manufactured crime, confident that his record or reputation itself will be enough to show that he was predisposed to commit
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sought to make an argument for the objective test, calling it "the only one truly consistent with the underlying rationale of the defense". Like the concurrences in the earlier two opinions, he argued that a judge, not a jury, should decide whether law enforcement crossed the line. He rejected the
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369 (1958), another entrapment case involving an undercover drug investigation, the Court had chosen to ground entrapment in the question of whether it could be established that the defendant had a "predisposition" to commit the crime absent government involvement. This has become known as the
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John Connolly gave Shapiro from his most recent output, and Patrick Connolly said they had been able to make three pounds of meth since May of that year. Shapiro also observed an empty P2P bottle at the house. Two days later, he returned with 100 g of P2P. While he mostly watched as the trio made
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He next turned to the specifics of the case. Like Douglas, he argued that the government's supplying the propanone, a chemical made scarce but not illegal by its own efforts, and then turning around and prosecuting Russell and the Connollys for the methamphetamine made with that propanone, and
323:. His investigation led him to Richard Russell and John and Patrick Connolly, the lab's proprietors. On December 7, they met and he represented himself to them as a member of a group which wanted to control meth production and distribution in the region. He offered to supply them with 346:
A month later, he returned and asked Connolly if he was still interested in doing business. Connolly said yes, but that he would not be able to sell him any as he had gotten some bottles of P2P elsewhere and was busy making another batch. Three days later, Shapiro returned with a
478:... here are circumstances when the use of deceit is the only practicable law enforcement technique available. It is only when the Government's deception actually implants the criminal design in the mind of the defendant that the defense of entrapment comes into play." 351:. Among other items, he seized two bottles of P2P, one an empty 500-g container, the other a partially full 100-g one (not the one he had originally given them). All three were arrested and charged with five separate violations of federal drug laws. 286:
manufacturing operation, and assisted in the process, the Court followed its earlier rulings on the subject and found that the defendant had a predisposition to make and sell illegal drugs whether he worked with the government or not.
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did not overcome evidence showing predisposition to commit crime. Rehnquist backs away slightly from "outrageous government conduct" here, maintaining that defendants must show a specific violation of constitutional rights or
666: 327:, a necessary ingredient in meth manufacture which had become difficult to obtain, in return for half of the resulting output. He insisted beforehand on being shown the lab and given a sample of what they could produce. 495:. "Supplying the chemical ingredient used in the manufacture of this batch of 'speed' made the United States an active participant in the unlawful activity". He pointed to an appellate decision that had thrown out a 402:"subjective" test of entrapment since it involves evaluating the defendant's state of mind. It was somewhat controversial in both decisions, even though they were unanimous in overturning the convictions, because 101: 365:
bureau's own efforts to dissuade chemical companies from selling it and requiring that those who did sell only to buyers with a valid manufacturer's license, constituted entrapment as a matter of law.
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the offense anyway ... In my view, a person's alleged "predisposition" to crime should not expose him to government participation in the criminal transaction that would be otherwise unlawful.
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that had been or not been violated. While he backed away from it in a later opinion, his words have become a rallying point for advocates of the objective entrapment standard.
116: 270:, 411 U.S. 423 (1973), is a Supreme Court case dealing with the entrapment defense. The court split 5-4 and maintained the subjective theory that had first been adopted in 422:
agreed that the conduct of the government agents trumped any inclination to make and deal meth and overturned the conviction. Prosecutors petitioned the Supreme Court for
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pondered the possibility that what has become known as "outrageous government conduct" might force a judicial hand in an entrapment case regardless of any specific
491:"In my view, the fact that the chemical ingredient supplied by the federal agent might have been obtained from other sources is quite irrelevant", replied Justice 444:
After reviewing the case and Russell's arguments for adopting a new standard for entrapment, Rehnquist first pointed to practical problems specific to the case:
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in both cases had criticized it sharply and called instead for an "objective" standard which concentrated instead on the behavior of law enforcement.
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to obtain a conviction." But, the justice continued, "the instant case is distinctly not of that breed". Later, he acknowledged the possibility of "
918: 308: 614:; prosecution must show beyond reasonable doubt that defendant was predisposed to commit crime prior to any contact by government agents. 554:
that batch, was entrapment no matter how predisposed the three were or whether they were able to obtain propanone from other sources.
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He went on to reject the notion of changing the entrapment standard, saying the Court had already reaffirmed the subjective test in
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484 (1976). Defendant's belief that he and government informant were selling legal substance and claiming it to be
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530 (1992). Prior acts by defendant later made illegal but legal at the time do not demonstrate predisposition
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For the first time in an entrapment case, not only did the Court uphold a conviction, but split its decision.
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435 (1932), the case where it had first recognized entrapment as a valid defense, and
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Government agent's active participation in criminal conspiracy was not
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of the chemical ingredients needed to manufacture the unlawful drug."
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United States District Court for the Western District of Washington
291:"objective" one they advocated. It declined to do so. But Justice 105: 30: 449:
he cannot fit within the terms of the very rule he proposes.
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public domain material from this U.S government document
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they were predisposed to commit the crime in any event.
335:, he and Russell helped pick up some pieces of dropped 909:
United States Supreme Court cases of the Burger Court
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List of United States Supreme Court cases, volume 411
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United States Court of Appeals for the Ninth Circuit
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In late 1969, Joe Shapiro, an agent for the federal
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Rehnquist, joined by Burger, White, Blackmun, Powell
331:their meth, at one point, according to later court 253: 245: 237: 229: 224: 153: 139: 131: 96: 91: 59: 49: 42: 23: 8: 678: 676: 20: 636: 309:Bureau of Narcotics and Dangerous Drugs 278:federal agent had helped procure a key 18:1973 United States Supreme Court case 7: 249:Stewart, joined by Brennan, Marshall 274:, 287 U.S. 435 (1932). Although an 36:Supreme Court of the United States 14: 914:United States entrapment case law 904:United States Supreme Court cases 836:423 (1973) is available from: 259:Existing entrapment jurisprudence 658: 503:had supplied the paper and ink. 499:conviction where the undercover 54:United States v. Richard Russell 29: 313:Drug Enforcement Administration 919:1973 in United States case law 1: 513:signed this opinion as well. 311:(later to become part of the 460:overzealous law enforcement 935: 886:Oyez (oral argument audio) 665:This article incorporates 241:Douglas, joined by Brennan 797:Jacobson v. United States 741: (9th Cir. 1972). 684:Sorrells v. United States 597:Jacobson v. United States 376:Sorrells v. United States 272:Sorrells v. United States 258: 158: 144: 28: 826:United States v. Russell 772:Hampton v. United States 751:United States v. Russell 734:United States v. Russell 709:Sherman v. United States 644:United States v. Russell 572:Hampton v. United States 565:Subsequent jurisprudence 390:Sherman v. United States 267:United States v. Russell 43:Argued February 27, 1973 24:United States v. Russell 325:phenyl-2-propanone(P2P) 547: 455: 303:Background of the case 181:William J. Brennan Jr. 45:Decided April 24, 1973 542: 446: 100:Defendant convicted, 739:459 F.2d 671 877:Library of Congress 209:Lewis F. Powell Jr. 135:Conviction affirmed 78:93 S. Ct. 1637; 36 493:William O. Douglas 339:and put it into a 173:William O. Douglas 169:Associate Justices 559:Thurgood Marshall 470:of this Court in 293:William Rehnquist 263: 262: 217:William Rehnquist 197:Thurgood Marshall 926: 890: 884: 881: 875: 872: 866: 863: 857: 854: 848: 845: 839: 812: 793: 787: 768: 762: 748: 742: 736: 730: 724: 705: 699: 680: 671: 662: 661: 641: 561:joined Stewart. 165:Warren E. Burger 154:Court membership 33: 32: 21: 934: 933: 929: 928: 927: 925: 924: 923: 894: 893: 888: 882: 879: 873: 870: 864: 861: 855: 852: 846: 843: 837: 821: 816: 815: 794: 790: 769: 765: 761:911 (1972). 749: 745: 732: 731: 727: 706: 702: 681: 674: 659: 642: 638: 633: 621: 567: 519: 511:William Brennan 489: 484: 442: 434: 416: 371: 362: 357: 305: 284:methamphetamine 282:for an illegal 207: 195: 183: 127:911 (1972). 87: 44: 38: 19: 12: 11: 5: 932: 930: 922: 921: 916: 911: 906: 896: 895: 892: 891: 859:Google Scholar 820: 819:External links 817: 814: 813: 788: 763: 743: 725: 700: 672: 635: 634: 632: 629: 628: 627: 620: 617: 616: 615: 593: 566: 563: 522:Potter Stewart 518: 515: 501:Secret Service 497:counterfeiting 488: 485: 483: 480: 441: 438: 433: 430: 415: 412: 370: 367: 361: 358: 356: 353: 349:search warrant 317:Whidbey Island 304: 301: 261: 260: 256: 255: 251: 250: 247: 243: 242: 239: 235: 234: 231: 227: 226: 222: 221: 220: 219: 205:Harry Blackmun 185:Potter Stewart 170: 167: 162: 156: 155: 151: 150: 142: 141: 137: 136: 133: 129: 128: 98: 94: 93: 89: 88: 77: 61: 57: 56: 51: 50:Full case name 47: 46: 40: 39: 34: 26: 25: 17: 13: 10: 9: 6: 4: 3: 2: 931: 920: 917: 915: 912: 910: 907: 905: 902: 901: 899: 887: 878: 869: 860: 851: 842: 841:CourtListener 835: 831: 827: 823: 822: 818: 810: 807: 803: 799: 798: 792: 789: 785: 782: 778: 774: 773: 767: 764: 760: 756: 752: 747: 744: 740: 735: 729: 726: 722: 719: 715: 711: 710: 704: 701: 697: 694: 690: 686: 685: 679: 677: 673: 670: 668: 657: (1973). 656: 653: 649: 645: 640: 637: 630: 626: 623: 622: 618: 613: 612: 607: 603: 599: 598: 594: 591: 586: 582: 578: 574: 573: 569: 568: 564: 562: 560: 555: 553: 546: 541: 539: 535: 531: 526: 523: 516: 514: 512: 508: 504: 502: 498: 494: 486: 481: 479: 477: 473: 468: 463: 461: 454: 450: 445: 439: 437: 431: 429: 427: 426: 421: 413: 411: 407: 405: 400: 396: 392: 391: 386: 382: 378: 377: 368: 366: 359: 354: 352: 350: 344: 342: 338: 337:aluminum foil 334: 328: 326: 322: 318: 314: 310: 302: 300: 298: 294: 288: 285: 281: 277: 273: 269: 268: 257: 252: 248: 244: 240: 236: 232: 228: 225:Case opinions 223: 218: 214: 210: 206: 202: 198: 194: 190: 186: 182: 178: 174: 171: 168: 166: 163: 161:Chief Justice 160: 159: 157: 152: 148: 143: 138: 134: 130: 126: 122: 118: 114: 110: 107: 103: 99: 95: 90: 85: 81: 75: 74: 69: 66: 62: 58: 55: 52: 48: 41: 37: 27: 22: 16: 825: 811: (1992). 795: 791: 786: (1976). 770: 766: 750: 746: 733: 728: 723: (1958). 707: 703: 698: (1932). 682: 664: 643: 639: 609: 595: 570: 557:Brennan and 556: 551: 548: 543: 538:inadmissible 533: 530:Owen Roberts 527: 520: 509: 505: 490: 475: 471: 466: 464: 456: 451: 447: 443: 435: 423: 417: 408: 404:concurrences 388: 374: 372: 363: 355:Lower courts 345: 329: 306: 289: 271: 266: 265: 264: 254:Laws applied 212: 200: 188: 176: 112: 92:Case history 71: 53: 15: 590:due process 193:Byron White 117:9th Circuit 898:Categories 631:References 425:certiorari 321:Washington 280:ingredient 276:undercover 147:entrapment 132:Subsequent 113:certiorari 84:U.S. LEXIS 82:366; 1973 333:testimony 119:granted, 80:L. Ed. 2d 60:Citations 824:Text of 619:See also 534:Sorrells 482:Dissents 472:Sorrells 440:Majority 432:Decision 230:Majority 111:(1972); 850:Findlaw 517:Stewart 487:Douglas 476:Sherman 467:Sherman 246:Dissent 238:Dissent 140:Holding 115:to the 889:  883:  880:  874:  871:  868:Justia 865:  862:  856:  853:  847:  844:  838:  800:, 775:, 737:, 712:, 687:, 663:  646:, 611:per se 585:heroin 414:Appeal 297:rights 215: 213:· 211:  203: 201:· 199:  191: 189:· 187:  179: 177:· 175:  832: 804: 779: 757: 716: 691: 650: 604: 579: 528:Like 397: 383: 369:Issue 360:Trial 341:flask 123: 97:Prior 834:U.S. 806:U.S. 781:U.S. 759:U.S. 718:U.S. 693:U.S. 652:U.S. 606:U.S. 581:U.S. 552:only 474:and 418:The 399:U.S. 385:U.S. 125:U.S. 106:F.2d 73:more 65:U.S. 63:411 830:411 809:530 802:504 784:484 777:452 755:409 721:369 714:356 696:435 689:287 655:423 648:411 602:504 577:452 532:in 462:". 395:356 381:287 373:In 319:in 121:409 109:671 68:423 900:: 828:, 753:, 675:^ 600:, 575:, 540:. 428:. 393:, 379:, 86:79 669:. 592:. 149:. 76:) 70:(

Index

Supreme Court of the United States
U.S.
423
more
L. Ed. 2d
U.S. LEXIS
United States District Court for the Western District of Washington
F.2d
671
9th Circuit
409
U.S.
entrapment
Warren E. Burger
William O. Douglas
William J. Brennan Jr.
Potter Stewart
Byron White
Thurgood Marshall
Harry Blackmun
Lewis F. Powell Jr.
William Rehnquist
undercover
ingredient
methamphetamine
William Rehnquist
rights
Bureau of Narcotics and Dangerous Drugs
Drug Enforcement Administration
Whidbey Island

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