United States v. Gary Hugh Orton

972 F.2d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Appellee, v. Gary Hugh ORTON, Appellant. No. 91-30045. United States Court of Appeals, Ninth Circuit. Argued Nov. 5, 1991. Submission deferred Nov. 5, 1991. Submitted April 6, 1992. Decided July 16, 1992. Before: KILKENNY, TANG and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Gary Orton appeals from his conviction on two counts of mailing child pornography, arguing that he was denied due process when the trial court failed to dismiss the indictment against him based on outrageous governmental conduct and/or entrapment as a matter of law. Orton also contends that the district court erred by sentencing him at a level higher than what had been recommended in the presentence investigative report ("PSI"). We reject these arguments and affirm both the conviction and sentence. I. Outrageous Governmental Conduct 3 "In order to violate due process, governmental conduct must be so grossly…