Was Nguyen predisposed to commit crimes when first approached by the Agent?

Question

Undercover narcotics officer Carroll approached Chinh Trong Nguyen, who operated two convenience stores in Oklahoma City, on three times within a month and bought a total of more than 10,000 pseudoephedrine pills. Nguyen previously received official warnings against illegal pseudoephedrine trafficking. When Carroll first approached Nguyen with an interest in buying large quantities of pills, Nguyen asked Carroll for the names of the "friends" who had referred Carroll to Nguyen. Carroll said his friends were "Franklin" (the face on a one hundred dollar bill) and "Grant" (the face on a fifty dollar bill). Nguyen agreed, and sold Carroll 2500 pseudoephedrine pills the next day, pocketing $1000 cash instead of ringing up the sale. Carroll asked about additional large scale purchases, expressed wariness of police, and said he would determine if the pseudoephedrine "cooks up" and "separates" well. Nguyen told Carroll he had a "better" but more expensive brand available for purchase. Weeks later Carroll purchased 2592 pills for $1000 cash, and made statements about "cooking" the pills. Between the second and third pill sales, a DEA Agent openly went to Nguyen's store and issued a routine reminder that large pseudoephedrine sales were a "red flag" for criminal activity and violated federal laws. Nguyen was arrested after a third purchase by Carroll.

Answer 1

Yes
There was substantial evidence that Nguyen was not induced to engage in the two initial transactions. Before he was approached by Carroll, Nguyen had been given notices about the hazards of illegal pseudoephedrine trafficking. Despite these notices, he had already obtained large quantities of the drug, far beyond what was necessary for the normal day-to-day business of a neighborhood convenience store. Also, Carroll did not threaten, coerce, plead, or attempt to persuade Nguyen in a manner that could reasonably be construed as overcoming the resistance of a heretofore law-abiding citizen. Finally, from the first encounter with Carroll and throughout each transaction, Nguyen seemed to be familiar with the illegal sale of pseudoephedrine: he did not sell the pills for their regular price; he stopped discussing matters whenever other customers entered the store; he took large cash payments; he pocketed Carroll's money instead of placing it in the cash register; he was prepared to package the pills in a less-identifiable container; and he was concerned about who Carroll's "friends" were. This is not the conduct of an "otherwise innocent person."