United States v. Gustin, No. 10-2761 (7th Cir. 2011)
Annotate this CaseDefendant was convicted of attempted murder of another inmate (18 U.S.C. 113(a)) and sentenced to life in prison. At trial, he argued misidentification. On appeal, he argued that the court should have insisted on an entrapment defense. The Seventh Circuit affirmed, stating that it can never be error for a district judge to permit defense counsel to omit an entrapment defense. Rejecting an argument that putting a member of a rival gang in the same cell as defendant compelled him to attack and should be equated to governmental inducement, the court stated that proper prison management requires scattering members of different gangs. The court stated that it was "nonplussed" that the attorneys considered this argument.
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