United States v. Gildardo G

983 F.2d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. GILDARDO G, Defendant-Appellant. No. 92-10160. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1992. Decided Jan. 4, 1993. Before HUG, PREGERSON and WIGGINS, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Defendant Gildardo G. challenges the district court's denial of his pretrial motion to dismiss based on outrageous conduct by the government. This court has jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1294 . We affirm. FACTS 3 On July 15, 1991, U.S. Border Patrol agents arrested the defendant Gildardo G. after observing a vehicle cross into the United States through a hole in the international border fence. Gildardo was driving the vehicle in which another juvenile was a passenger. Agents discovered a considerable quantity of marijuana concealed in the vehicle, and the defendant was charged with an act of juvenile…