650 F. App'x 362
9th Cir.2016Background
- ATF conducted a reverse-sting: agents created a fictional cocaine stash house and used a confidential informant to solicit participants.
- Rene Flores, Randy Garmon, Arturo Cortez, and Joe Roberts conspired to rob the fictional stash house; Roberts recruited others after being pitched by the informant.
- Defendants planned details enthusiastically and were arrested moments before the planned robbery, in possession of firearms, a concussion grenade, gloves, and masks.
- The district court dismissed the indictments sua sponte for outrageous government conduct and vacated Roberts’s guilty plea.
- The government appealed; the Ninth Circuit reviewed whether the district court procedurally and substantively erred and whether reassignment to a different judge was appropriate.
Issues
| Issue | Plaintiff's Argument (United States) | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court could sua sponte dismiss indictments without notice/briefing | Sua sponte dismissal was proper given conduct | District court must notify parties and permit briefing | Error to act without notice, but harmless here because court later requested briefing and parties addressed the issue |
| Whether government conduct amounted to "outrageous government conduct" requiring dismissal | Conduct did not meet the extremely high standard; comparable to prior permissible reverse stings | Conduct was so extreme as to manufacture criminality | Reversed: conduct was not more outrageous than in controlling precedent; dismissal improper |
| Whether district court could vacate Roberts’s accepted guilty plea | Vacatur was lawful due to government misconduct | Only defendant may withdraw plea; court lacked discretion after acceptance | Error to vacate; plea stands |
| Whether case should be reassigned on remand | Reassignment unnecessary | Reassignment warranted due to judge’s statements showing unwillingness to follow precedent | Reassignment ordered to preserve appearance of justice |
Key Cases Cited
- Wong v. Bell, 642 F.2d 359 (9th Cir. 1981) (court must give parties notice and opportunity to brief sua sponte concerns)
- United States v. Black, 733 F.3d 294 (9th Cir. 2013) (addresses permissibility of reverse-sting stash-house operations)
- United States v. Garza–Juarez, 992 F.2d 896 (9th Cir. 1993) (articulates the extremely high standard for outrageous government conduct)
- United States v. Williams, 547 F.3d 1187 (9th Cir. 2008) (upheld similar reverse-sting tactics)
- United States v. Bagnariol, 665 F.2d 877 (9th Cir. 1981) (discusses government inducement and defendant initiative)
- United States v. Patterson, 381 F.3d 859 (9th Cir. 2004) (district court lacks discretion to vacate an accepted guilty plea)
- United States v. Kyle, 734 F.3d 956 (9th Cir. 2013) (reassignment appropriate when judge cannot be expected to follow appellate directives)
- United States v. Lyons, 472 F.3d 1055 (9th Cir. 2006) (grounds for reassignment to maintain appearance of justice)