United States v. James Londo
Opinion
Opinion
MEMORANDUM
James Londo (“Londo”) timely appeals from a judgment of conviction of one count of conspiracy to possess with intent to distribute and to distribute more than 50 grams of methamphetamine (“Count One”), and one count of possession with intent to distribute more than 50 grams of methamphetamine (“Count Two”), in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and 18 U.S.C. § 2 . Londo contends that the district court: (1) abused its discretion by granting his third motion to withdraw a 2005 guilty plea as to Count One only, for which he would have been sentenced to 10 years in prison, so that he could present a “sentencing entrapment” defense to a jury; and (2) committed an error of law when it submitted his theory of “sentencing entrapment” to the jury for decision. After the jury rejected his defense and found him guilty of both Count One and Count Two, Londo was sentenced to the statutory minimum term of 20 years prescribed by 21 U.S.C. § 841 (b)(l)(viii), in light of a prior state felony drug conviction and the government’s filing of an information pursuant to 21 U.S.C. § 851 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.