Mendez-Contreras

MEMORANDUM *

Omar Mendez-Contreras appeals his sentence for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Mendez-Contreras claims that the conduct of the police and one of its cooperating sources during the investigation constituted sentencing entrapment *483 and that the district court clearly erred in deciding that no sentencing entrapment had occurred. He contends the court erred in failing to make a downward departure in his sentence based on his post-sentence rehabilitation.

Mendez-Contreras’ argument that he suffered sentencing entrapment is unavailing. Sentencing entrapment occurs when a defendant is unduly pressured by the government to commit a crime of greater severity than the defendant was originally willing to commit. U.S. v. Robinson, 94 F.3d 1325 , 1328-29 (9th Cir. 1996). This court accepts the district court’s factual conclusion of whether sentencing entrapment occurred unless the conclusion is clearly erroneous. See, e.g., U.S. v. Sanchez-Lopez, 879 F.2d 541 , 557 (9th Cir.1989). Mendez-Contreras has the burden of proving such entrapment, by a preponderance of. the evidence. U.S. v. Riewe, 165 F.3d 727, 729 (9th…