United States v. Peter Winfield Gibbs

15 F.3d 1091 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Peter Winfield GIBBS, Defendant-Appellant. No. 92-50713. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1994. * Decided Jan. 11, 1994. 1 Before: GOODWIN, HALL, Circuit Judges, and TANNER, District Judge. ** 2 MEMORANDUM *** 3 Peter Winfield Gibbs appeals his jury conviction and sentence for possession with intent to distribute methamphetamine ( 21 U.S.C. Sec. 841 (a)), using or carrying a firearm during a crime of violence ( 18 U.S.C. Sec. 924 (c)), and being a felon in possession of a firearm ( 18 U.S.C. Sec. 922 (g)(1)). We affirm. I. 4 Gibbs argues that his sentence should have been based only on the drug amount involved in the December 26, 1991 purchase because the government's failure to arrest him and the subsequent January 14, 1992 purchase constituted sentencing entrapment. Some courts accept sentencing entrapment as a possible basis for…