United States v. Jacobo Graibe

21 F.3d 1117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jacobo GRAIBE, Defendant-Appellant. No. 92-50204. United States Court of Appeals, Ninth Circuit. Submitted March 11, 1994. * Decided March 28, 1994. 1 Before: PREGERSON, O'SCANNLAIN and FERNANDEZ, Circuit Judges 2 MEMORANDUM ** 3 Jacobo Graibe appeals his jury conviction, following this court's remand in United States v. Graibe, 946 F.2d 1428 (9th Cir.1991), for conspiracy to distribute cocaine and distribution of cocaine in violation of 21 U.S.C. Secs. 841 (a)(1) and 846. He argues that the district court erred in precluding him from introducing at trial evidence of the government's outrageous conduct, and that he was denied effective assistance of counsel because his trial counsel failed to call a government informant as a witness at trial in order to introduce evidence of outrageous government conduct. We affirm. 4 In January, 1990, Graibe negotiated a sale of…