United Statesv.Mayweather
The FBI used an informant to stage fake drug transports and recruit Georgia prison guards, who wore their uniforms while escorting what they believed were cocaine or methamphetamine shipments. After the guards were convicted of Hobbs Act extortion and attempted drug distribution, the Eleventh Circuit held that Williams and Fluellen had produced enough evidence of government inducement to require an entrapment instruction on their drug counts; its omission required a new trial. The court found Mayweather and Tucker were not entitled to that defense instruction, so their drug convictions were affirmed. For all four defendants, the jury also received no definition of “official act” on the extortion counts; because the government argued that merely wearing a uniform was the official act, the omission created a reasonable likelihood of jury confusion and required new trials on those counts. The court left the factfinder to decide on remand whether any guard performed an official act, reversed the extortion convictions, and remanded.
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