United States of America v. Kenneth Franklin Beals

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH FRANKLIN BEALS,
Defendant - Appellant.
No. 12-10463
D.C. No. 2:09-cr-00485-KJM-1
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted September 15, 2015 **
San Francisco, California
Before: CALLAHAN, CHRISTEN, and FRIEDLAND, Circuit Judges.
Kenneth Beals appeals his conviction (via guilty plea) on one count of being
a felon in possession of a firearm, 18 U.S.C. § 922(g)(1). We affirm.
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
SEP 22 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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The district court did not err in denying Beals’s motion to dismiss the
indictment for outrageous government conduct. Beals has not shown that the
challenged governmental conduct was a due process violation “so grossly shocking
and so outrageous as to violate the universal sense of justice.” United States v.
Stinson, 647 F.3d 1196, 1209 (9th Cir. 2011). Nor has Beals shown that the
district court abused its discretion in declining to dismiss the indictment under its
supervisory authority. See United States v. Barrera-Moreno, 951 F.2d 1089,
1091-92 (9th Cir. 1991).
Likewise, Beals has not shown that the district court abused its discretion in
denying his request for an evidentiary hearing. See United States v. Howell, 231
F.3d 615, 620-21 (9th Cir. 2000).
AFFIRMED.
2

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