08-2267 U.S. v Orr

Listen to this article

Criminal Procedure
Entrapment

Where the defendant made the initial suggestion to commit a crime, and bragged about other crimes he’d committed, he was not entrapped by the government.

“Here, all factors indicate that Orr was predisposed to commit the charged offense. As noted earlier, Orr was the one that first suggested training Spaden’s daughters, and he encouraged Spaden to acclimate the girls to sexual acts. Orr also stated repeatedly that he wanted Spaden and her daughters to join him in Michigan, where he would train the girls to be sex slaves. And even beyond his suggestions about training Spaden’s children, Orr boasted about having trained his 12-yearold stepdaughter since she was four years old (including penetration at age six), as well as two of the girls depicted in the pornographic images he sent to Spaden. These actions do not fit the profile of an ‘unwary innocent.’ To the contrary, Orr’s explicit statements about his desire to sexually abuse Spaden’s daughters coupled with his bragging about molesting other children is more than sufficient to show that he was predisposed to commit the charged offense. Where, as here, ‘the defendant was simply provided with the opportunity to commit a crime, the entrapment defense is of little use because the ready commission of the criminal act amply demonstrates the defendant’s predisposition.’ Akinsanya, 53 F.3d at 858 (emphasis in original).”

Affirmed.

08-2267 U.S. v Orr

Appeal from the United States District Court for the Central District of Illinois, McCuskey, J., Williams, J.

Full Text