United States v. Rene Cobar

MEMORANDUM

Defendant-Appellant Rene Oswald Co-bar appeals the district court’s denial of his claim of sentencing entrapment, as well as its denial of his motion for a new trial. Defendant-Appellant Luis Angel Gonzalez-Largo joins in Cobar’s appeal of the district court’s denial of the motion for a new trial. We affirm.

1. We review a district court’s application of the Sentencing Guidelines “for abuse of discretion, and the district court’s factual findings for clear error.” United States v. Garro, 517 F.3d 1163, 1167 (9th Cir.2008).

As a preliminary matter, Cobar argues that the district court failed to make sufficient factual findings supporting its denial of his sentencing entrapment claim. We disagree. Upon reviewing the record, we have no difficulty “ascertain[ing] what facts [the district court] relied upon in finding that [Cobar] did not adequately prove sentencing entrapment.” United States v. Naranjo, 52 F.3d 245, 251 (9th Cir.1995).

On the merits, the district court did not abuse its discretion in denying Cobar’s sentencing entrapment claim. To succeed on such a claim, a defendant must show “by a preponderance of the evidence: 1) the lack of intent to produce the…