United States v. Sellers
906 F.3d 848 (9th Cir. 2018)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
ATF and Agent Carr set up a stash house reverse-sting. In this law enforcement con an undercover agent poses as a disgruntled drug courier who is looking for help robbing the house where his employer is stashing (and guarding) a large quantity of drugs. The targets of a stash house reverse-sting operation are usually identified using confidential informants. The agent ropes them in with a series of meetings and presents them with the opportunity to rob the stash house. There is no stash house to rob, and there are no drugs-this is a 'reverse sting,' after all. But at the last meet-up, just before they are set to leave and carry out the plan, the targets are arrested for conspiracy to commit the robbery and associated crimes. In March 2012, a confidential informant staying at a hotel in a predominantly Black and Hispanic area of Los Angeles targeted one of D's co-defendants for a stash house reverse-sting operation, ostensibly because the informant believed that the co-defendant was involved in selling drugs. The co-defendant, who is black, was put in touch with Agent Carr. D attended a planning meeting for the robbery with the co-defendant, Agent Carr, and others. The robbery was set for July 16, and, after one final meeting confirming the plan, the robbery crew (all of whom are black) was arrested. They were indicted for conspiracy to possess and distribute cocaine, conspiracy to commit robbery, and possession of a firearm in furtherance of these crimes. D moved to dismiss the indictment for outrageous government misconduct and sought discovery on a claim of selective enforcement. D presented data collected by an attorney in the Central District of California showing that of 51 defendants indicted in stash house reverse-sting operations between 2007 and 2013, 39 were black or Hispanic. Agent Carr testified that more than 55 of the approximately 60 individuals who have been indicted in his stash house reverse-sting operations are people of color. The court applied Armstrong for obtaining discovery on selective prosecution claims and denied D's motion. D was convicted by a jury and sentenced to 96 months' imprisonment. D appealed.
Issues
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Holding & Decision
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