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John Murtha — Part 28
Page 73
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particular defendant. Violation of a third party's right
does not-warrant court: interventien-en—due—process—grounds.
The Second Circuit in US v. DeSapio, 435 Fad
272 (CA2 1970), cert. denied, 402 US 999 (1971), reached
a similar conclusion when it commented: __
The difficulty courts have had in explica-
ting and marking the boundaries of
the defense of entrapment, * * * suggests
the inadvisability of attempting to
develop a penumbral doctrine that would
add to the many collateral issues now
pervading criminal trials still another,
a judicial determination whether the
activities of an informer had passed —
some ill-defined acceptable bounds.
Where, as here, there is no claim that
the informer's activity infringed any
specific of the Bill of Rights or any
statute of the United States relating
to the conduct of investigations, and
thé competing considerations are such
that we are unable to conclude that
it violates the "decencies of civilized
conduct", * * * such decisions had -
best be left to the executive branch,
which is accountable for its conduct
to congress. ;
435 F2d at 281 (citations omitted).
In US v. Szycher; 585 F2d 443 (CA 10 1978), the
‘Tenth Circuit also recognized a possible due process defense
based upon outrageous conduct by law enforcement people.”
_The informant there had used and distributed cocaine to
_others, had fraudulently solicited credit, had converted
and stolen property, had failed to pay his just debts,
had a past criminal record, and had been paid $300 a head
by the government agents for each person he could bring
iad
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