Customs and immigration officers suspected Dan of having information concerning the smuggling of drugs into the United States. Acting undercover, a customs and immigration official went to Dan and suggested that he bring illegal drugs into this country. Dan refused, but at the official's insistence, he later agreed. After the drugs entered this country, Dan was arrested. Does Dan have a valid defense to the charge of smuggling? Explain.

Devin was arrested and tried for embezzlement. After deliberating for three days, the jury informed the judge that it was hopelessly deadlocked and could not reach a verdict. The judge declared a mistrial and scheduled a new trial. Devin objected, contending that a second trial constituted double jeopardy. Is he correct? Explain.