Navy-Marine Corps Court of Criminal Appeals July 31, 1995, NMCM 93 02470 (United States v. Kemp)

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United States · · · 31-07-1995

WELCH, Senior Judge:

The appellant claims, inter alia, that the evidence establishes the affirmative defense of “vicarious or derivative” entrapment. Whether this variation of the traditional defense of entrapment exists in military law is a question of first impression. We need not answer the question in this case because we find that the appellant was predisposed to commit the relevant offenses.

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