United States v. Luisi

Cooperating witness Ronald Previte introduced organized-crime captain Robert Luisi (defendant) to an undercover FBI agent, who repeatedly tried to arrange a cocaine-for-diamonds exchange with Luisi; Luisi initially remained noncommittal and later claimed he never intended to go through with any cocaine deal. Previte then told his own superior, Joseph Merlino, that Luisi's deal could be profitable, and Merlino — without knowing his own order was effectively directed by the government's informant — instructed Luisi through Previte's arranged phone call to participate, which Luisi then did. Luisi was convicted of cocaine-related conspiracy and possession charges after the jury received an entrapment instruction that, as supplemented in response to a jury question, suggested Merlino's influence over Luisi could not be considered in evaluating entrapment.