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Effective review of federal sentencing law on sentencing entrapment

By Douglas A. Berman

The Third Circuit released an opinion today in US v. Sed, No. 09-1489 (3d Cir. Apr. 6, 2010) (available here), which includes this effective review of the disparate circuit law on the concept of "sentencing entrapment": We have neither adopted nor rejected the doctrines of sentencing entrapment and sentencing factor manipulation. See United States v. Tykarsky, 446 F.3d 458, 476 n.13 (3d Cir. 2006); United States v. Raven, 39 F.3d 428, 438 (3d Cir. 1994).  Almost all of our sister courts of appeals have opined about both doctrines, reaching varied conclusions.  For example, the Courts of Appeals for the First, Eighth, Ninth and Tenth Circuits have adopted sentencing entrapment and sentencing factor manipulation, but they have disagreed as to whether they are separate defenses...continue to full post

Full post as published by Sentencing Law and Policy on April 06, 2010 (boomark / email).