Dist. Ct. did not err in denying defendant’s habeas petition challenging his drug conspiracy convictions stemming from police sting operation that called on defendant and others to rob non-existent drug stash house. While defendant argued that his trial counsel was ineffective for failing to object to govt. motion in limine to preclude defendant from raising any entrapment defense, defendant failed to show that any objection would have had merit, where: (1) although defendant had claimed that he was derivatively induced to commit charged offenses by co-defendant who had been entrapped by police agent, record showed that different co-defendant who had not been entrapped by anyone had actually recruited defendant to engage in said robbery. Moreover, defendant failed to show in his alternative claim that police agent subjected him to unlawful inducement to commit charged offenses, where said agent, at most, gave defendant opportunity to commit said robbery on its customary terms.
Federal 7th Circuit Court
Criminal Court
Entrapment