United States v. Perez-Rodriguez, No. 19-1538 (1st Cir. 2021)Annotate this Case
The First Circuit vacated Defendant's conviction of attempted enticement of a minor for unlawful sexual activity, holding that the district court committed plain error in failing to give a jury instruction on the entrapment defense.
Defendant was apprehended through a sting operation in which a government agent created a profile on a dating application and, after being contact by Defendant, offered to arrange a sexual encounter with the agent's "minor boyfriend." On appeal, Defendant argued, among other things, that the district court erred in rejecting his request for an entrapment instruction. The First Circuit agreed and remanded the case for a new trial, holding that the trial court committed clear or obvious error in refusing Defendant's entrapment defense, and the error affected Defendant's substantial rights and undermined the fundamental fairness of his trial.