Valencia

Valencia v. Terhune

Good Law
48 F. App'x 269
United States Court of Appeals for the Ninth CircuitOctober 15, 2002No. 01-55293; D.C. No. CV-00-04987-GHKCalifornia333 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Jorge Valencia appeals the district court’s denial of his 28 U.S.C. § 2254 petition, challenging his conviction and sentence for conspiracy to commit robbery, transportation of cocaine, and possession of cocaine for sale. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review the denial of a § 2254 petition *270 de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

Valencia contends that an undercover police agent engaged in sentencing entrapment and sentencing manipulation by suggesting to Valencia’s co-conspirator an increase in the amount of cocaine involved, and that the agent’s action constitutes outrageous government conduct in violation of Valencia’s due process rights. His claim is unpersuasive.

Assuming arguendo that Valencia can assert a claim of sentencing entrapment based on conversations between a government agent and Valencia’s co-conspirator, the record shows that the co-conspirator readily agreed to the suggestion of an increase in the amount of cocaine involved. See United States v. Naranjo, 52 F.3d 245, 250 (9th Cir.1995) (holding that a defendant must demonstrate both lack of intent and…

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