Court of Appeals for the Ninth Circuit February 26, 2004, No. 03-30226; D.C. No. CR-99-60049-MRH (United States v. Bennett)

MEMORANDUM**

Ronald Lee Bennett appeals the district court’s denial of his motion to dismiss his indictment based on prosecutorial misconduct. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

We review the district court’s decision to deny a motion to dismiss an indictment based on prosecutorial misconduct under a de novo or abuse of discretion standard. See United States v.