United States v. Richard N. Ashby

35 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Richard N. ASHBY, Defendant-Appellee. No. 93-10364. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 9, 1994. Decided Sept. 12, 1994. Before: FLETCHER, HALL, and WIGGINS, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 A jury convicted Richard N. Ashby (Ashby) of charges that he committed misdemeanor criminal conflict of interest, in violation of 18 U.S.C. Sec. 208 (a). 1 Evidence presented at trial showed that Ashby, a United States Customs Service agent, paid government funds to his wife, a confidential informant. The district court held that the government had entrapped Ashby by estoppel, however, reasoning that Ashby should be absolved because his superiors knew Mrs. Ashby was an informant. Therefore, the district court granted Ashby a judgment of acquittal. Alternatively, the district court reasoned that, if acquittal was not appropriate,…