· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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