USA V. KENNETH BEALS, No. 12-10463 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION SEP 22 2015 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, U.S. COURT OF APPEALS No. 12-10463 D.C. No. 2:09-cr-00485-KJM-1 v. MEMORANDUM * KENNETH FRANKLIN BEALS, Defendant - Appellant. 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). 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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