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United States v. David Drayton, 4th Cir. (2016)
United States v. David Drayton, 4th Cir. (2016)
No. 15-4042
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:94-cr-00126-MOC-7)
Submitted:
Decided:
January 6, 2016
PER CURIAM:
David
Lee
Drayton
appeals
the
district
courts
judgment
We affirm.
of
condition
of
simply
requires
the
supervised
release
by
of
fact
to
believe
that
the
defense
inducement
of
of
predisposition
entrapment
the
to
crime
engage
has
and
in
two
(2)
the
2
elements:
the
(1)
government
defendants
criminal
conduct.
lack
of
United
The defense
burden
of
presenting
evidence
that
the
government
Id.
government
can
prove
predisposition.
United
States
v.
the
cocaine
district
court
did
not
met
its
burden
government
Drayton
transaction
was
conspiracy
with
clearly
of
an
err
in
on
supervised
conviction
at
the
time
release
he
agent,
the
that
the
finding
demonstrating
recently
undercover agent.
undercover
predisposition.
for
sold
cocaine
cocaine
to
an
the
offered
to
confidential
sell
the
agent
informant,
even
more
discussed
cocaine,
pricing,
show
that
and
the
another
individual,
and
failed
to
conduct
the
requisite
The decision to
(4th
Cir.
2012).
Evidentiary
rulings
are
subject
to
the
error
had
no
substantial
and
injurious
effect
or
to
be
hearsay,
their
admission
constitutes
harmless
error.
place,
and
showing
testimony
as
noted
above,
predisposition.
describing
the
there
Thus
jail
was
even
call
ample
without
other
the
statements,
evidence
challenged
the
evidence
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED