United States v. George Ramirez, Jr.
Opinion
Opinion
MEMORANDUM
When this case was last before us, we vacated George Ramirez’s sentence and remanded for the district court to make “express factual findings” in addressing Ramirez’s sentencing entrapment argument. United States v. Ramirez, 619 Fed. Appx. 615, 617 (9th Cir. 2015). The district court made the required findings on remand, and Ramirez now challenges those findings on appeal. We affirm. The district court’s findings were not clearly erroneous and the court did not abuse its discretion by rejecting Ramirez’s sentencing entrapment argument. See United States v. Black, 733 F.3d 294, 301-02 (9th Cir. 2013).
Sentencing entrapment occurs when a defendant, “although predisposed to commit a minor or lesser offense, is entrapped in committing a greater offense subject to greater punishment.” United States v. Yuman-Hernandez, 712 F.3d 471, 474 (9th Cir. 2013); see also United States v. Mejia, 559 F.3d 1113, 1118 (9th Cir. 2009). When the underlying crime involves a drug sting, the defendant must show that he “lacked the intent and capability” to possess the larger quantity of drugs. United States v. Biao Huang, 687 F.3d 1197, 1203 (9th Cir. 2012).