United States v. Robert Michael Mallery

983 F.2d 1079 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Michael MALLERY, Defendant-Appellant. No. 91-30386. United States Court of Appeals, Ninth Circuit. Submitted Dec. 9, 1992. * Decided Dec. 14, 1992. Before TANG, PREGERSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Robert Michael Mallery appeals his jury conviction for conspiracy to distribute and distribution of cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Mallery claims, first, that a government agent's outrageous conduct violated his right to due process, second, that the agent entrapped him into committing the offenses, and third, that the district court should have granted him a new trial based on the weight of the evidence. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. I. Outrageous Government Conduct 3 We review de novo a district court's denial of a motion to dismiss an indictment based on outrageous…