DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
203362P.pdf 03/03/2022 United States v. Emmanuel John
U.S. Court of Appeals Case No: 20-3362
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Erickson, Author, with Benton and Kelly, Circuit Judges]
Criminal case - Criminal law and sentencing. The district court did not
err in denying defendant's request for an entrapment instruction as
defendant never introduced any evidence of inducement, one of the two
elements of entrapment; the district court did not abuse its discretion in
denying defendant's motion for a mistrial after the government asked
defendant's witness a question defendant contends violated the stipulation
as to his status of a felon, as the court struck the question and
instructed the jury to disregard it; the weight of the evidence at trial
demonstrates that the testimony was not prejudicial; the government
offered legitimate law enforcement reasons for its decision to continue
purchasing weapons after the initial purchase from defendant, and its
decision to prolong the investigation did not constitute sentencing
manipulation; the district court committed no procedural error at
sentencing, and the sentence it imposed was not substantively
unreasonable.