United States v. Jeremiah Nero

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jeremiah NERO, Defendant-Appellant. No. 91-50545. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1992. * Decided Nov. 17, 1992. Before BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 * Jeremiah Nero was convicted under 21 U.S.C. § 841 (a)(1) of attempting to distribute cocaine and possessing cocaine with intent to distribute. 3 According to the prosecution, after Nero was picked up by FBI agents, he confessed and agreed to cooperate with the FBI. The FBI then released him, hoping his cooperation would lead them to bigger fish in his organization. They arrested him the next day, after he failed to show up for a scheduled meeting. 4 Nero's lawyer denied Nero had confessed to the agents, and argued the agents wouldn't have released Nero if he had indeed confessed. RT 154, 230-33. However, this strategy backfired: When the…