UNITED STATES V. MOHAMUD
27
contact with him but before Youssef suggested criminal
activity. The second factor therefore weighs against
Mohamud.
The fourth and “most important” factor also weighs
overwhelmingly in the government’s favor. The government
initiated its contact with Mohamud in November 2009 with
the Bill Smith emails, and the more aggressive Youssef and
Hussein operation began in June 2010. Despite being
provided numerous opportunities to deviate from or terminate
the plan, Mohamud never displayed any reluctance in going
through with a horrific attack that would have killed and
maimed countless people, including young children. Indeed,
he expressed great enthusiasm in seeing it through. He
picked the target—the Pioneer Courthouse Square Christmas
Tree Lighting Ceremony—and planned where the van
containing the explosives would be parked. He praised the
terror attack in Mumbai, described the victims jumping from
the Twin Towers on September 11th as “awesome,” and
stated that he would be “happy” to see the bodies of “enemies
of Allah” torn apart.
The complete lack of reluctance on Mohamud’s part to
participate in the bombing—indeed, his immediate zeal to see
it through—separates this case from those in which courts
have found defendants entrapped as a matter of law. For
example, in Jacobson v. United States, 503 U.S. 540, 553
(1992), Jacobson was not predisposed in part because “[t]he
evidence that [Jacobson] was ready and willing to commit the
offense came only after the Government had devoted 2 ½
years to convincing him that he had or should have the right
to engage in the very behavior proscribed by law.” In
Sherman, a government informant approached the defendant,
a recovering drug addict, and asked for narcotics, ostensibly
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