United States v. Manuel Guerra Gamboa

21 F.3d 1117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Manuel Guerra GAMBOA, Defendant-Appellant. No. 93-50337. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1994. * Decided April 11, 1994. Before: HALL, LEAVY, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Manuel Guerra Gamboa appeals his conviction for distribution of methamphetamine, possession of methamphetamine with intent to distribute, and conspiracy to manufacture and distribute methamphetamine, in violation of 21 U.S.C. Secs. 841 (a)(1) and 846. Gamboa also appeals his sentence. We affirm. 3 * Gamboa claims that the district court erroneously refused to give his entrapment instruction. "A defense of entrapment is established if the defendant was (1) induced to commit the crime by a government agent and (2) not otherwise predisposed to commit the crime." United States v. Kessee, 992 F.2d 1001, 1003 (9th Cir.1993). "A defendant must present…