United States v. Dario D. Dicesare

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dario D. DICESARE, Defendant-Appellant. No. 93-50816. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 22, 1994. Before: FARRIS, KOZINSKI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Dario Dicesare appeals the district court's denial of his motion for a new trial without an evidentiary hearing after a jury convicted him of committing narcotics offenses and assaulting a Drug Enforcement Agency (DEA) officer with a deadly weapon in violation of 21 U.S.C. Sec. 841 (a)(1), 18 U.S.C. Secs. 2 , 111. Dicesare claims that evidence he discovered after his conviction warrants a new trial where he could prove either that he was entrapped or that the government engaged in outrageous conduct. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review for abuse of discretion a district court's denial of a motion for a new…