United States v. Washington

ORDER

Defendant Marlon Washington was one of nine men arrested and indicted in a reverse sting operation designed to capture drug stash house burglars. The matter is before the court on Washington’s motion to dismiss the indictment for outrageous government conduct. Mot;, ECF No. 257 at 1-2. The government opposes the motion, ECF No. 265, and Washington has replied, ECF No. 266. As announced from the bench on September 9, 2015, and explained below, the motion, is DENIED.

1. BACKGROUND

A. Factual Background

1. Initiation of Reverse Sting Operation (Unrecorded,)

In January 2013, the Bureau of Alcohol, Tobacco, and Firearms (ATF) initiated a reverse sting operation in Stockton, California to apprehend cocaine stash house robbery crews. 1 Opp’n Ex. A at A-l, ECF 265-1. As part of the operation, a confidential informant (Cl) for the ATF approached a man named Kir es ton- Harper (aka K-Stack) at a Stockton strip club. Gov’t Disc, at 1; Mot. at 5; Opp’n at l. 2 The initial contact between the Cl and Harper was not recorded with audio or video. Mot. at 5-6; see Opp’n at 1-2; The Cl asked about Harper’s ability to obtain drugs or guns or both.- Gov’t Disc, at'l; *1010 Mot. at 5; Opp’n…