Santos-Carbajal

MEMORANDUM **

Carlos Santos-Carbajal appeals his 135-month sentence following his guilty plea to conspiracy to possess with intent to distribute methamphetamine in violation of 21 U.S.C. § 846 and possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1). Santos argues that the district court erred in refusing to grant a downward departure for sentencing factor manipulation and in failing to make adequate findings regarding drug composition and quantity. We affirm.

DISCUSSION

1. Sentencing Factor Manipulation

Santos argues that the district court failed to make adequate findings in rejecting his claim of sentencing factor manipulation and that the court erroneously assumed that it could not depart. The record, however, is clear that the court exercised its discretion not to make a downward departure. The court made adequate findings when it determined that Santos was in fact predisposed to commit the offense charged. Further, while the court referenced the applicable ten-year mandatory minimum sentence, it did so after rejecting defendant’s sentencing entrapment argument. Nothing in the record suggests that the court felt in any way…