Garcia

MEMORANDUM

Alberto Garcia appeals his conviction and sentence, after a jury trial, for one count of distributing a controlled substance. Garcia argues that the district *642 court erroneously refused to give his requested instruction on entrapment, and that the district court erroneously refused to give him a minor role reduction under the Sentencing Guidelines. We agree that Garcia was entitled to an entrapment instruction.

A defendant is entitled to an entrapment instruction if he presents “some evidence that (1) a government agent induced him or her to commit an illegal act that (2) he or she was not predisposed to commit.” United States v. Sotelo-Murillo, 887 F.2d 176, 179 (9th Cir.1989). Only “slight evidence” is needed to get this issue to a jury, and the evidence can be “weak, insufficient, inconsistent, or of doubtful credibility.” Id. at 179, 178 (internal quotation omitted).

In United States v. Kessee, 992 F.2d 1001 (9th Cir.1993), the defendant participated in a cocaine sale to an undercover informant, making the introductions and arranging the sale on the telephone. Id. at 1002 . The defendant contended that he only agreed to participate after “repeated…