Arnold

MEMORANDUM ***

Zachary Arnold appeals from the judgment of conviction entered after a jury *838 found him guilty of two counts of possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841 (a)(1). He challenges the legality of his conviction and his sentence. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Arnold first contends that the district court erred in denying his Rule 29 motion for judgment of acquittal based on his proof of the defense of entrapment. Because there were conflicting assertions of fact relevant to the entrapment issue, the resolution of which was a credibility question for the jury, see United States v. Griffin, 434 F.2d 978, 981 (9th Cir.1970), we are precluded from determining, as a matter of law, that the Government entrapped Arnold, see United States v. Davis, 36 F.3d 1424, 1430-31 (9th Cir.1994). We therefore affirm the district court’s denial of Arnold’s Rule 29 motion for acquittal.

Arnold also contends that the district court erred in denying his request for a downward departure based on sentencing entrapment. We may not review a district court’s discretionary refusal to depart downward from the Sentencing…