U.S. v. BARRERA-MORENO

Nos. 90-10330, 90-10357, 90-10393.

951 F.2d 1089 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Hector Benjamin BARRERA-MORENO and Eugene Benjamin Herndon, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. William Joseph KUNKEL, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Daniel RUIZ, Jr., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 17, 1991.


Attorney(s) appearing for the Case

Joseph Douglas Wilson, U.S. Dept. of Justice, Washington, D.C.; Jerry R. Albert, Asst. U.S. Atty., Tucson, Ariz., for plaintiff-appellant.

Sean Bruner, Ralls & Bruner, Tucson, Ariz., for defendant-appellee Barrera-Moreno.

Richard B. Jones, Tucson, Ariz., for defendant-appellee Herndon.

John G. Bogart, Tucson, Ariz., for defendant-appellee Kunkel.

Anthony P. Brooklier, Beverly Hills, Cal., for defendant-appellee Ruiz.

Before CANBY and KOZINSKI, Circuit Judges, and NIELSEN, District Judge.


NIELSEN, District Judge:

In each of these cases, the government appeals from the judgment dismissing the indictments on drug charges against appellees on the ground of outrageous government conduct. A jury convicted Kunkel and Ruiz, but the indictment was dismissed before sentencing. The indictment against Barrera and Herndon was dismissed before trial. We reverse.

I. BACKGROUND

The issue in the appeals centers on the government's use of a confidential...

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