what's the deal with ES - are they unstable or buggy?
You can get E5620's on ebay for $175 - non ES, just look.
Also be VERY VERY careful. Some folks out there are selling fakes. I'm not going into how they microcode patch them but look real close at any chip with CPU-ID and bench it proper.
Last pair of e5620 i got for $175 (two matching) was from OWC of all places. Pulled from am 2010 MAC PRO, well taken care of, and a very ethical reseller.
Engineering samples are borderline on ethics/illegal.
You will get your arse handed to you as a VAR for selling them, or not returning them to Intel. So while probably not illegal, there is some ethical rules being broken here. in this neck of the woods, posession is 9/10th's of the law.