United States Ninth Circuit

A defendant waives his claim of outrageous government conduct of which he is aware if he fails to assert it in a pretrial motion to dismiss. Defendant's drug conspiracy conviction is affirmed where defendant failed to raise outrageous government conduct before the district court prior to trial, during trial, or even after trial, despite knowing the facts supposedly supporting his claim months before trial began.

Appellate Information

• Decided 01/11/2010
• Published 01/11/2010

Judges

• Before CYNTHIA HOLCOMB HALL and BARRY G. SILVERMAN, Circuit Judges, and SUZANNE B. CONLOn,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Cristina Gabrielidis Lechman, Lechman & Lechman, San Diego, CA, for the appellant.


• For Appellees:
  
• Thomas P. O'Brien, United States Attorney; Christine C. Ewell, Assistant United States Attorney; Rodrigo A. Castro-Silva, Assistant United States Attorney; and Joseph N. Akrotirianakis, Assistant United States Attorney; Los Angeles, CA, for the appellee.