## Facts

- Federal agents conducted an online sting operation in which an agent posed as a mother in internet communications.
- The agent initiated and maintained contact with Robert Poehlman and steered conversations toward sexual activity involving the purported mother and her minor daughters.
- Poehlman initially expressed reluctance and raised moral and legal objections to sexual activity with minors.
- Over time, the agent used repeated persuasion, emotional appeals, and assurances to overcome Poehlman’s resistance and to encourage him to travel and meet for the contemplated sexual conduct.
- Poehlman ultimately agreed to travel and took steps consistent with the plan discussed in the communications.
- Poehlman was arrested and charged with federal offenses premised on attempted sexual activity with minors and related conduct based largely on the internet communications and travel.
- At trial, Poehlman asserted an entrapment defense, arguing he was not predisposed and that the government induced the offense.
- The jury convicted Poehlman, and he appealed, challenging the denial of relief on entrapment grounds.

## Issues

1. Whether the government induced Poehlman to commit the charged offense through persuasion or other pressure beyond merely providing an opportunity.
2. Whether the evidence showed Poehlman was predisposed to commit the offense before government contact.
3. Whether, viewing the record as a whole, entrapment was established as a matter of law requiring reversal.

## Decision

- The Ninth Circuit reversed the conviction.
- The court held that the government’s conduct went beyond offering an opportunity and constituted inducement.
- The court concluded the evidence did not show predisposition prior to the government’s efforts and that Poehlman’s repeated reluctance was significant proof of lack of predisposition.
- Because inducement was substantial and predisposition was not proved, the court held entrapment was established as a matter of law.

## Legal Principles

- Entrapment has two elements: (1) government inducement of the crime and (2) lack of predisposition by the defendant to engage in the criminal conduct.
- Inducement requires more than solicitation or providing an opportunity; it can include persistent pressure, manipulation, promises, or appeals that would cause an otherwise unwilling person to commit the offense.
- Predisposition focuses on the defendant’s state of mind before first government contact; post-contact conduct may be considered but cannot substitute for proof of pre-contact readiness to commit the crime.
- Evidence of reluctance that is overcome by government persuasion supports lack of predisposition; the government must show the defendant was ready and willing absent the government’s pressure.
- When the record permits only one reasonable conclusion on inducement and lack of predisposition, an appellate court may find entrapment as a matter of law and reverse.

## Conclusion

The court set aside Poehlman’s conviction because the government’s repeated persuasive efforts created the criminal conduct and the evidence did not show Poehlman was predisposed to commit the offense before the government’s involvement, establishing entrapment as a matter of law.


United States v. Poehlman, 217 F.3d 692 (9th Cir. 2000)