United States v. Jesus Velasquez-Lopez

Good Law
587 F. App'x 408
United States Court of Appeals for the Ninth CircuitDecember 10, 201411-10125California427 words

Opinion

Opinion

MEMORANDUM

Jesus Velasquez-Lopez was convicted of conspiring to possess with intent to distribute five kilograms or more of cocaine and possession of a firearm in furtherance of a drug trafficking offense. Velasquez-Lopez timely appealed, and we affirm.

1. Because the government’s alleged conduct in the reverse sting operation was not “so grossly shocking as to violate the universal sense of justice,” Velasquez-Lopez failed to meet the extremely high standard required to secure the. dismissal of his indictment. United States v. Bonanno, 852 F.2d 434, 437 (9th Cir.1988); see United States v. Black, 733 F.3d 294, 310 (9th Cir.2013), cert. denied sub nom. Mahon v. United States, — U.S. -, 135 S.Ct. 266 , — L.Ed.2d - (2014). The government did not recruit Velasquez-Lopez, nor did the government engineer and direct the criminal enterprise from start to finish. See Black, 733 F.3d at 306-07 ; United States v. Fernandez, 388 F.3d 1199, 1238-4 (9th Cir.2004).

2. The district court did not plainly err in declining to exercise its supervisory powers to dismiss the indictment. See Black, 733 F.3d at 310 n. 12.

3. Velasquez-Lopez was not entrapped as a matter of law. Given the evidence in…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.