Martinez-Villegas
United States v. Martinez-Villegas
Opinion
Lead Opinion
MEMORANDUM **
We affirm. Because the parties are familiar with the facts of this case, we recount them here only as necessary to explain our decision.
A. Outrageous Government Conduct
A motion to dismiss on grounds of unreasonable governmental conduct is a question of law reviewed de novo, and the court’s factual findings are reviewed for clear error. United States v. Mitchell, 915 F.2d 521, 522 (9th Cir.1990); United States v. Ramirez, 710 F.2d 535, 539-40 (9th Cir. 1983).
The defense of outrageous government conduct is “most narrow” and will be recognized only where the police engineer and direct the criminal enterprise from start to finish. See Ramirez, 710 F.2d at 539-40 .
Martinez-Villegas, Jr. has not demonstrated that the government manufactured the crime from start to finish. It was Martinez-Villegas, Jr.’s coconspirator, Tino Martinez-Guttierez, who told Agent *699 Leyva that his “Compadre Gabriel” was capable of transporting cocaine to various cities. Further, when Martinez-Villegas, Jr. first met with Agent Leyva, he indicated that he had been involved in cocaine transportation for approximately five years and had moved drugs to many cities. Finally,…