UNITED STATES V. MOHAMUD
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rulings and the denial of an evidentiary hearing are also
reviewed for an abuse of discretion. United States v.
Mazzarella, 784 F.3d 532, 537 (9th Cir. 2015).
We review de novo the constitutionality of a statute.
United States v. Vongxay, 594 F.3d 1111, 1114 (9th Cir.
2010).
B. Entrapment as a Matter of Law
As the district court stated at sentencing, the defense
made a solid case for entrapment. But the jury rejected that
defense, and found Mohamud guilty despite the actions and
encouragement of Youssef and Hussein and the
communications (and attempted communications) from other
government agents. And in light of that verdict, Mohamud
has a steep hill to climb. “To establish entrapment as a matter
of law, the defendant must point to undisputed evidence
making it patently clear that an otherwise innocent person
was induced to commit the illegal act by trickery, persuasion,
or fraud of a government agent.” United States v. Smith,
802 F.2d 1119, 1124 (9th Cir. 1986); see also United States
v. Williams, 547 F.3d 1187, 1197 (9th Cir. 2008).
To avoid a finding of entrapment, the government must
prove that: (1) Mohamud was predisposed to commit the
crime before government agents contacted him, or
(2) government agents did not induce him to commit the
crime. United States v. McClelland, 72 F.3d 717, 722 (9th
Cir. 1995).
We focus our inquiry on Mohamud’s
predisposition.
When evaluating predisposition, we often analyze five
factors: (1) the character and reputation of the defendant;
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