A defendant waives his claim of outrageous government conduct of which he is aware if he fails to assert it in a pretrial motion to dismiss. Defendant's drug conspiracy conviction is affirmed where defendant failed to raise outrageous government conduct before the district court prior to trial, during trial, or even after trial, despite knowing the facts supposedly supporting his claim months before trial began.
Submitted December 11, 2009
Filed January 11, 2010
Opinion by Judge Silverman
Cristina Gabrielidis Lechman, Lechman & Lechman, San Diego, CA
Thomas P. O'Brien, Christine C. Ewell and Joseph N. Akrotirianakis, Los Angeles, CA