Cornett

United States v. Cornett

Good Law
68 F. App'x 50
United States Court of Appeals for the Ninth CircuitJune 17, 2003No. 02-10408; D.C. No. CR-00-00624-JMFCalifornia289 words

Opinion

Lead Opinion

MEMORANDUM **

Charles William Cornett appeals his conviction, following a jury trial, for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g)(1), 924(a)(2). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Cornett first contends that he received ineffective assistance of counsel from his retained attorney, Charles Weninger. Because the record is insufficiently developed to resolve this issue on direct appeal, we decline to address the ineffective assistance claim. See United States v. Miskin *51 is, 966 F.2d 1263, 1268-69 (9th Cir.1992) (noting that the customary procedure for challenging the effectiveness of defense counsel is by collateral attack under 28 U.S.C. § 2255 ).

Cornett next argues that the district court erred when it denied his motion to dismiss the indictment based on outrageous government conduct. We disagree. The government’s actions here were not so shocking as to violate the due process clause. See United States v. Simpson, 813 F.2d 1462, 1465 (9th Cir.1987) (noting that the outrageous conduct doctrine applies only in cases where the government’s actions shock the conscience).

Cornett’s final argument is that the…

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