Kuiken
United States v. Kuiken
Opinion
Lead Opinion
MEMORANDUM ***
The defendants, Harvey W. Kuiken, Larry L. Beaman, and Michael J. Culp, appeal their convictions for conspiracy to commit securities fraud, wire fraud, mail fraud and money laundering. 1 We have reviewed the six issues raised by the defendants in their appeals and affirm their convictions.
1. The defendants allege that the government unreasonably interfered with their access to Kevin Lawrence by meeting with him and causing him to decline to meet with defense counsel without the presence of government counsel. We review de novo the district court’s denial of the defendants’ motion to dismiss the indictment because of alleged outrageous government conduct. United States v. Bridges, 344 F.3d 1010, 1014 (9th Cir. 2003). The evidence, however, is viewed in the light most favorable to the government, and we accept the district court’s findings unless they are clearly erroneous. United States v. Cuellar, 96 F.3d 1179, 1182 (9th Cir.1996).
The defendants have not shown that the government interfered with their access to a defense witness. Lawrence was the central figure in the underlying securities fraud, and was serving a 20-year sentence pursuant to a plea bargain. It…