United States v. Hullaby, No. 11-10118 (12-4-13)(Wallace with McKeown and Ikuta)(This is an AZ FPD case).

The gov't used a CI to set up a robbery of a stash house. The CI previously committed violent crimes and was engaged in criminal activities when he offered to set up future home invasions to lighten his sentence. The defendant was caught in the sting. On appeal, with other issues, he argued that the CI's sordid past and present, and his need to lighten his sentence, made the gov't's use of him outrageous and a violation of due process. The 9th held that due process was not violated. The gov't had to use unsavory individuals to ferret out crime. Moreover, while the CI is sordid, it is an executive decision to use who they want.