United States v. Cordae Black
733 F.3d 294
9th Cir.2013Background
- ATF conducted a Phoenix reverse sting under Operation Gideon to catch stash-house robbers by a fictitious scheme.
- A confidential informant (CI) and undercover Agent Zayas recruited individuals at bars, not targeting known criminals.
- Simpson and others were introduced to Zayas and discussed a planned armed stash-house robbery with fabricated details, including weapons and cocaine quantities.
- Over three meetings in July 2009, the group planned the robbery and discussed roles; Black was described as a key participant.
- The group arrested at a warehouse after following Zayas; defendants were charged with conspiracy to possess cocaine with intent to distribute and use of a firearm in furtherance of a drug trafficking offense; convictions followed a jury trial.
- The district court denied motions to dismiss for outrageous government conduct and, at sentencing, rejected sentencing entrapment; the Ninth Circuit affirmed both rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the government’s sting amounted to outrageous government conduct | Government conduct did not cross the line into outrageousness | sting was manufactured by government; extreme and unjust | No, conduct did not meet the extreme standard to overturn the indictment |
| Whether the district court erred by denying sentencing entrapment | No, drug quantity reflected legitimate base level | Yes, government inducement inflated quantity to trigger minimum | No, district court properly rejected entrapment; even if one variant applied, mandatory minimum remained applicable |
Key Cases Cited
- United States v. Stinson, 647 F.3d 1196 (9th Cir. 2011) (extreme standard for outrageous conduct; procedural framework)
- United States v. Garza-Juarez, 992 F.2d 896 (9th Cir. 1993) (extreme formation of criminal conduct; outrageous conduct standard)
- United States v. Briggs, 623 F.3d 724 (9th Cir. 2010) (sentencing entrapment concerns in stash-house reverses; drug quantity impacts sentence)
- United States v. Bagnariol, 665 F.2d 877 (9th Cir. 1981) (government creates scheme; bait-and-switch in sting operations)
- United States v. Bonanno, 852 F.2d 434 (9th Cir. 1988) (Bonanno factors for outrageous conduct analysis)