United States v. Smith, No. 14-1119 (7th Cir. 2015)
Annotate this CaseSmith was a part-time police officer and owned security and towing businesses. Detective Anderson began investigating Smith for employment tax crimes and other offenses. She enlisted Roberson, Smith’s employee and close friend, as an informant. Roberson had been a member of the Latin Kings and had been convicted of selling drugs and of shooting a rival drug dealer. Roberson told Anderson that Smith had committed insurance fraud and arson and had extorted money from undocumented immigrants. Smith told Roberson that he needed money and asked Roberson to find a drug stash house that he could rob while wearing police gear and whether Roberson knew any Latin Kings that needed protection while transporting drugs. Roberson relayed this information to Anderson, who referred the case to the Bureau of Alcohol, Tobacco, Firearms and Explosives. Roberson introduced the ATF agent to Smith in a sting operation. Smith was convicted of conspiring and attempting to possess with intent to distribute cocaine, transferring firearms with knowledge that they would be used in a drug trafficking crime, and possessing a firearm in furtherance of a drug trafficking crime. The Seventh Circuit affirmed, rejecting arguments that the government’s conduct violated Smith’s right to due process of law by coercing him to engage in illegal activity.
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