Entrapment Defense Fails

US v. Fulton, No. 08-3261, 2009 WL 2952145 (10th Cir. 9/16/09) (unpublished): Mr. Fulton was enticed by a former prison-mate turned CI into participating in drug deals. Mr. Fulton raised an entrapment defense. The court allowed rebuttal evidence that the CI had seen Mr. Fulton obtain 9 ounces of cocaine without the CI’s prior knowledge or assistance. Mr. Fulton objected as irrelevant and unfairly prejudicial. The Court found that there was no abuse of discretion in admitting the testimony, especially since a limiting instruction was given. Additionally, the evidence was sufficient to support the convictions.