U.S. v. Caguana

Record contained sufficient evidence to support defendant’s conviction on four counts of using facility of interstate commerce with intent that murder-for-hire of two individuals be committed. Instant charge arose out of series of conversations defendant had with informant, during which defendant offered to pay informant $7,500 to kill two individuals who had agreed to become govt. witnesses in murder trial of defendant’s son. While record showed that informant had assisted govt. in several other prosecutions, jury could have viewed his testimony as credible in recounting conversations between himself and defendant. Moreover, jury, in listening to recorded conversations involving defendant, informant and individual posing as hit-man could properly find that defendant possessed requisite intent to pay informant to murder said witnesses. Also, Ct. rejected defendant’s contention that: (1) entrapment instruction was erroneous, where instruction fairly captured distinction between private vigilantism (which provides no defense for defendant) and entrapment by state agents; and (2) govt. was required to prove existence of actual murder-for-hire agreement.