Avila

MEMORANDUM **

Sylvia Avila appeals the 70-month sentence imposed following her guilty plea conviction for distribution of methamphetamine and conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. She claims that she should have received a lesser sentence because she was entrapped into participating in the 96-gram methamphetamine transaction. We affirm.

DISCUSSION

“Sentencing entrapment or sentence factor manipulation occurs when a defendant, although predisposed to commit a minor or lesser offense, is entrapped in committing a greater offense subject to greater punishment.” United States v. Staufer, 38 F.3d 1103, 1106 (9th Cir.1994). The district court here, however, found that Avila was predisposed to commit the crime charged. The court acknowledged that Avila’s criminal history concerned the sale of smaller amounts of drugs, but nevertheless found that “as a whole, these tapes, these transcripts, show that she has no reluctance, that she is willing to enter into this transaction.” We conclude that this reasoning is sufficient to support the court’s finding of predisposition and its rejection of Avila’s claim of sentencing entrapment. See…