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John Murtha — Part 28
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3. Entrapment of Lederer.
Defendant Lederer, the only one to request an
entrapment charge to the jury, argues entrapment as a matter
of law. To the extent that his argument focuses upon "objec-
tive entrapment", it has been covered above in section
VI-A-1, supra. However, since entrapment was also a jury
‘ issue for Lederer, his argument of "entrapment as a matter
of law" can also. be viewed as an assertion that on the
evidence before the jury no reasonable juror could find
beyond a reasonable doubt that Lederer was predisposed
to commit the crime.
Lederer argues that the government's proper role
was limited to detection of persons who were already involved
in criminality, that Lederer's crime and the intent to
commit it originated with the government agents, not defen-
dant Lederer, and that "absent the temptation offered by
the government agents, Lederer might not have committed
the crime." Lederer's memorandum at 7. The esserice of
this claim is that the government's evidence, which estab-
lished no more than criminal conduct on this one occasion,
was legally insufficient to meet the government's burden
of proving that Lederer was "predisposed".
The flaw in Lederer's argument, however, is demon-
strated by the careful exposition by Judge Learned Hand
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