Dudden

Lynn Dudden cooperated with federal authorities in their investigation of cocaine conspiracies in California and Montana. She was later indicted and convicted for conspiracy to distribute methamphetamine on one occasion, involving the same coconspirators who had been the target of the cocaine investigation. On appeal, she claims the district court should have dismissed the indictment because it was based on immunized statements she made to the federal agents. She also cites pre-indictment delay, outrageous government conduct, the district court’s failure to give proposed instructions, limitations on cross-examination, and sentencing error. The government cross-appeals the district court’s downward departure at sentencing.

FACTS

In 1987, FBI Special Agent Carl Zamdt began an investigation into cocaine activities in Billings, Montana. In 1988, Agent Zarndt conducted a search of the Billings home of Raymond Jacobsen, and found an address book containing telephone numbers for appellant Lynn Dudden and her companion, Charles Hinck. The Montana investigation led to the 1988 arrest of Alton Butler, who cooperated with authorities and provided information against a number of people,…