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U.S. v. MONTILLA

No. 88-5177.

870 F.2d 549 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Maria Yanibe MONTILLA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 20, 1989.

Attorney(s) appearing for the Case

Wayne R. Young, O'Neill & Young, Santa Monica, Cal., for defendant-appellant.

Stephen G. Wolfe, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before WALLACE, FARRIS and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Maria Montilla appeals her conviction upon a plea of guilty of conspiracy to possess cocaine with the intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846 (1982). Montilla argues that the "outrageous conduct" of federal agents violated her due process rights, and that this due process argument was not waived by her plea. We affirm the conviction, but vacate the $50 special assessment.

I

Montilla is...

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