United States v. Leonard Jackson
Opinion
Opinion
MEMORANDUM
The district court sentenced Leonard Jackson to 200 months’ imprisonment based on a guilty jury verdict on the counts of conspiracy to interfere with commerce by robbery and conspiracy to possess cocaine with intent to distribute. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Jackson first contends that the district court erred in rejecting his request for a below-guideline sentence based on sentencing entrapment and that, because of this error, his sentence is substantively unreasonable.
“Sentencing entrapment occurs when a defendant is predisposed to commit a lesser crime, but is entrapped by the government into committing a crime subject to more severe punishment.” United States v. Mejia, 559 F.3d 1113, 1118 (9th Cir.2009). In United States v. Naranjo, this court recognized that “a downward departure is warranted when sentencing entrapment occurs.” 52 F.3d 245, 250 (9th Cir.1995). The purpose of the sentencing entrapment departure is to ensure that the sentence properly takes into account the defendant’s culpability and ability to commit the crime. See United States v. Staufer, 38 F.3d 1103, 1107 (9th Cir.1994).