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· 11/24/2004

Felix Ernesto Sosa v. Kurt Jones, Warden

Citations

  • 389 F.3d 644
  • 2004 U.S. App. LEXIS 24463

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that entrapment was not a constitutional defense and could not form basis for habeas relief under 28 U.S.C. § 2254
  • noting that “the Supreme Court has not yet recognized a constitutionally required entrapment defense”
  • acknowledging doctrine of sentencing enhancement as explained by other courts, but not specifically recognizing or adopting it
  • entrapment is a criminal defense that is not based on due process and is without “constitutional dimension”
  • “Mr. Sosa has pointed to no Supreme Court precedent that ‘clearly establishes’ a federal prohibition of sentencing entrapment.”
  • “The discussion of entrapment by the majority in Russell clearly demonstrates that the defense of entrapment is not based on due process.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Siler, Batchelder, Rogers

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.