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UNITED STATES v. BOGART

Nos. 85-5110, 85-5112 and 85-5115.

783 F.2d 1428 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Lynn Dale BOGART, Edward Elbert Wingender, Teodaro Risquez, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1986.

Attorney(s) appearing for the Case

John Heisner, Special Asst. U.S. Atty., argued; Peter K. Nunez, U.S. Atty., John Heisner, Special Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

John S. Moot, Federal Defender, Michael McCabe, San Diego, Cal., Michael S. Meza, Cerritos, Cal., for defendants-appellants.

Before FARRIS, PREGERSON, and NORRIS, Circuit Judges.

PREGERSON, Circuit Judge.

Lynn Dale Bogart and Edward Elbert Wingender pled guilty to conspiring to possess cocaine with intent to distribute and to the unlawful use of a communications facility. Teodaro Risquez pled guilty to attempting to possess cocaine.

Bogart and Wingender contend that the government's conduct was so outrageous that it violated their due process rights. The district court held an evidentiary hearing and rejected the defendants' outrageous...

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