United States v. Bernard Mitchell

103 F.3d 142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Bernard MITCHELL, Defendant-Appellant. No. 95-50583. United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1996. * Decided Nov. 20, 1996. 1 Before: FERNANDEZ and HAWKINS, Circuit Judges, and SCHWARZER, ** Senior District Judge. 2 MEMORANDUM *** 3 Mitchell was charged with one count of conspiracy to possess cocaine base with intent to distribute in violation of 21 U.S.C. § 846 , four counts of possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841 , and four counts of distribution of cocaine base in violation of 21 U.S.C. § 841 . Following conviction on all counts he was sentenced to the mandatory minimum term of 240 months. He appeals the sentence, arguing that the district court erred in failing to depart downward on the basis of sentencing entrapment or sentencing manipulation. 4 The government proved that…