United States v. Jesus Trujillo-Acosta

990 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jesus TRUJILLO-ACOSTA, Defendant-Appellant. No. 92-30224. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 7, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Jesus Trujillo-Acosta appeals his 97-month sentence imposed following entry of a guilty plea to possession with intent to distribute cocaine in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841 (a)(1). Trujillo-Acosta contends the district court erroneously believed it lacked authority to depart downward from the applicable Sentencing Guidelines sentencing range on the basis of "imperfect entrapment" by the government. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 Although a district court's discretionary refusal to depart downward from the Guidelines is not reviewable on appeal, we review de novo…