Section 14.84 “Mere Conduit” Defense

• Library: Criminal Practice 2012 Supp

a. (§14.84) “Mere Conduit” Defense

See United States v. Mosley, 496 F.2d 1012 (5^th Cir. 1974), which held that the defendant was entitled (under United States v. Bueno, 447 F.2d 903 (5^th Cir. 1971), appeal after remand, 470 F.2d 154 (5^th Cir. 1972), cert. denied, 411 U.S. 949 (1973)) to an entrapment instruction when he claimed he obtained the drugs from an agent to sell them to another agent. Although Mosley was decided after United States v. Russell, 411 U.S. 423 (1973), its validity is in question. See...