Whether, when the government has induced a person to break the law and the defense of entrapment is at issue, the government need only show that its inducement succeeded after a short period of time to prove beyond a reasonable doubt that the person was predisposed to break the law, regardless of the psychologically graduated nature of the inducement

QUESTION PRESENTED James Michael Hood, a person with no prior criminal history, was arrested after an online “sting” operation in which over a three-day period a male police officer posed as a 17-year-old female pageant contestant interested in a secret, sexual relationship with him. The two exchanged over one thousand text messages, through which the police officer capitalized on Hood’s need for companionship and threatened to withdraw from their conversation when he was reluctant to take their relationship to next levels. After the police officer placed the real minor female on the phone to allay Hood’s fears, he went to meet her in a public place. Upon arriving the meeting place, he was arrested and charged with attempted enticement of a minor to engage in criminal sexual activity, in violation of 18 U.S.C. § 2422(b). At trial, the jury was instructed on entrapment, but found Hood guilty. The case presents the following question for review: Whether, when the government has induced a person to break the law and the defense of entrapment is at issue, the government need only show that its inducement succeeded after a short period of time to prove beyond a reasonable doubt that the person was predisposed to break the law, regardless of the psychologically graduated nature of the inducement. ii