U.S. v. Gustin

Record contained sufficient evidence to support defendant's conviction on charge of attempted murder arising out of defendant's stabbing of cellmate, even though defendant asserted at trial that he did not attack victim. Ct. rejected defendant's claim that trial court should have sua sponte suggested to defendant's trial counsel that defendant assert entrapment defense based on fact that victim was member of rival gang that defendant's gang had obligation to kill. Entrapment defense was factually inconsistent with defendant's claim that he did not attack victim, and any error in failing to raise entrapment defense would lie, if at all, in claim of ineffective assistance of counsel rather than any judicial error. Ct. also rejected defendant's suggestion that placement of rival gang member in his cell compelled defendant to attack him.