Weber

MEMORANDUM *

Brian Walter Weber appeals his conviction following a jury trial for conspiracy to possess with intent to distribute methamphetamine, and distribution of methamphetamine, in violation of 21 U.S.C. §§ 841 and 846. He contends that the district court erred in denying his motion to dismiss the indictment for outrageous government conduct and in denying his motion to compel the government to produce discovery. He further contends that the district court erred in denying his motion for a judgment of acquittal. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm the denial of the motion to dismiss for outrageous government conduct and the denial of the motion to produce discovery. We affirm Weber’s conviction on Count Two, the distribution count, but reverse his conviction on Count One, the conspiracy count, and therefore remand for resentencing.

We reject Weber’s contention that the government engaged in outrageous conduct by engineering the criminal enterprise. According to the testimony of Johnny Holmes, the confrontation with Weber occurred prior to Holmes’ contact with law enforcement. 1 Thus, the government was not involved in bringing…