United States v. Hernando Castro Cardenas

65 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Hernando Castro CARDENAS, Defendant-Appellant. No. 94-50409. United States Court of Appeals, Ninth Circuit. Submitted Aug. 9, 1995. * Decided Aug. 16, 1995. Before: THOMPSON, LEAVY, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Hernando Castro Cardenas ("Castro") challenges his sentence arguing that the district court: 1) improperly enhanced his sentence based on an erroneous determination that Castro was an organizer/leader of a money laundering scheme; and 2) improperly refused a downward departure due to the erroneous belief that it lacked authority to depart on the basis of sentencing entrapment. 3 Section 3B1.1(a) of the U.S.S.G. authorizes a four level enhancement based on a finding that a defendant was an "organizer or leader" of illegal activity involving five or more participants or which was otherwise extensive. The record indicates that Castro was…