Legal Definitions - sentence-factor manipulation

Sentence-factor manipulation, also known as sentencing entrapment, is a legal defense argument used when a defendant claims that government agents improperly influenced them to commit a crime in a way that significantly increased the severity of their potential punishment. This defense is typically raised when the defendant was already willing to commit a lesser offense, but the government's actions pushed them into circumstances or conduct that triggered much harsher sentencing guidelines or mandatory minimum sentences, which they were not predisposed to commit on their own. The core argument is that the government's conduct was designed to inflate the sentence, rather than merely investigate an existing crime.

Here are some examples to illustrate sentence-factor manipulation:

• Drug Quantity or Type: Imagine a scenario where a small-time drug dealer, who typically sells minor quantities of marijuana, is repeatedly pressured by a confidential informant to purchase a much larger amount of cocaine from an undercover agent. The dealer initially expresses reluctance, stating they don't deal in such large volumes or with hard drugs. However, the informant offers significant financial incentives and guarantees of safety, eventually convincing the dealer to make the large cocaine purchase. In this case, the dealer was predisposed to sell *some* drugs, but not to deal in large amounts of cocaine, which carries a much higher mandatory minimum sentence. The government's actions, through the informant, manipulated the "sentence factor" (drug type and quantity) to dramatically increase the potential punishment the dealer faces.

• Weapon Involvement: Consider a situation where an undercover agent is negotiating a robbery plan with a group of individuals. During discussions, one of the individuals expresses a strong preference against using a firearm, suggesting they only use their fists or a non-lethal deterrent. The agent, however, insists that a firearm is "necessary for credibility" and provides a weapon to the group, knowing that the presence of a firearm during a felony significantly increases the potential sentence. Here, the individuals might have been predisposed to commit robbery, but not necessarily to involve a firearm. The agent's insistence and provision of the weapon manipulated a "sentence factor" (weapon possession during a crime) to elevate the potential sentence for the robbery.

• Interstate Commerce Element: Suppose a defendant is involved in a local fraud scheme. An undercover agent, aware that federal charges often carry much stiffer penalties than state charges, specifically directs the defendant to use an out-of-state bank account or to mail fraudulent documents across state lines, even though the entire scheme could have been executed within a single state. The agent might emphasize that using these methods will make the scheme "more professional." In this instance, the defendant was predisposed to commit fraud. However, the agent's specific instructions manipulated the "sentence factor" of interstate commerce, which is a jurisdictional element that transforms a state crime into a federal one, thereby exposing the defendant to significantly harsher federal sentencing guidelines.