26 UNITED STATES V. MOHAMUD (2) whether the government made the initial suggestion of criminal activity; (3) whether the defendant engaged in the activity for profit; (4) whether the defendant showed any reluctance; and (5) the nature of the government’s inducement. Id. “Although none of these factors is controlling, the defendant’s reluctance to engage in the criminal activity is the most important.” Id. We can assume that factors (1), (3), and (5) are in Mohamud’s favor. The second factor—whether the government made the initial suggestion of criminal activity— weighs against Mohamud. Although Youssef discussed with Mohamud five options of how to be a good Muslim, including the option to become “operational,” Mohamud— not Youssef—made the initial suggestion to fill a car with explosives near a target location. Mohamud also told Youssef that he wanted to “wage war” within the United States before Youssef mentioned the possibility of an “operational” role. The government can rely upon Mohamud’s statements to prove predisposition even though he made them after the initial contact by the government. United States v. Tucker, 133 F.3d 1208, 1217 (9th Cir. 1998).15 Here, Mohamud discussed placing explosives in vehicles near target locations after the government’s initial 15 In Tucker, a jury convicted the defendant of extortion and filing false tax returns. This court affirmed his conviction and sentence, and rejected his argument that the evidence proved entrapment as a matter of law. This court considered statements made by the defendant even after the initial contact between the defendant and the government, noting that “[t]o prove the defendant’s predisposition, the government can rely upon evidence occurring after the initial contact with a government agent.” Tucker, 133 F.3d at 1217.

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