28
UNITED STATES V. MOHAMUD
because the informant was not responding to treatment.
356 U.S. at 371. The defendant resisted—“[f]rom the first,
[he] tried to avoid the issue.” Id. Only “after a number of
repetitions of the request, predicated on [the informant’s]
presumed suffering, did [the defendant] finally acquiesce.”
Id.; see also id. at 373 (“One request was not enough, for . . .
additional ones were necessary to overcome, first, [the
defendant’s] refusal, then his evasiveness, and then his
hesitancy in order to achieve capitulation.”). And in United
States v. Poehlman, 217 F.3d 692 (9th Cir. 2000), the
government agent aggressively pushed the idea of sexual
activities with children on an uninterested defendant until
eventually he gave in:
While Poehlman’s reluctance might have been
borne of caution . . . the fact remains that
Poehlman’s earliest messages (which would
be most indicative of his pre-existing state of
mind) provide no support for the
government’s case on predisposition. To the
contrary, Poehlman’s reluctance forced [the
agent] to become more aggressive in her
suggestions . . . .
Id. at 704; see also id. at 695–97. At least as to this factor,
this case is more akin to Williams, in which we held that the
defendant was not entrapped as a matter of law in part
because “[t]here is no evidence that [the defendant] expressed
any reluctance about the robbery that needed to be ‘overcome
by repeated government inducement or persuasion.’ The
evidence indicated that [he] was ready and willing at all times
to participate in the robbery.” 547 F.3d at 1198 (citation
omitted).
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