United States v. Eduardo Espinosa Elenes

892 F.2d 84 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Eduardo Espinosa ELENES, Defendant-Appellant. No. 89-30008. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1989. Decided Dec. 12, 1989. Before EUGENE A. WRIGHT, TANG and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 We consider a claim of outrageous government conduct and an alleged failure by the district court to make findings at sentencing as required by Fed.R.Crim.P. 32(c)(3)(D). BACKGROUND 3 Eduardo Espinosa Elenes and five others were arrested following a six-month FBI undercover investigation into large-scale cocaine dealing in the Portland area. A grand jury returned a 24 count indictment charging them with narcotic offenses. 4 After jury selection and opening arguments and, prior to the government calling witnesses, Elenes entered into a plea agreement with the government, which provided that he would be sentenced under…