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Case Stemming from ATF Stash House Sting Shouldn’t Be Dismissed, Appellate Court Rules

By Steve Neavling
ticklethewire.com 

Federal agents did not commit “outrageous” misconduct by luring suspects into a robbery of a fictitious drug house, a federal appellate panel ruled Thursday, the Los Angeles Times reports.

The decision reverses a district court judge’s earlier ruling that the suspects’ due process rights were violated when the ATF enticed them into committing a robbery.

The reversal by the U.S. 9th Circuit Court of Appeals means the suspects, Antuan Dunlap and Joseph Whitfield, still face charges.

The three-judge panel questioned the practice but said the actions didn’t raise to “extremely high standard” for dismissing cases.

“The ATF targeted individuals who had already demonstrated an interest in committing robberies, and did little more than ‘set the bait’ by inventing a fictitious cocaine stash house they could rob,” the judges wrote.

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