Navarro-Gonzalez

MEMORANDUM *

Defendant Navarro-Gonzalez appeals the district court’s decision denying him a downward departure for sentencing entrapment. Although Navarro-Gonzalez concedes that he sold the quantity of drugs on which the sentencing was based, he still claims sentencing entrapment in that the Government manufactured the size of the crime, not the crime itself. We conclude that the district court did not abuse its discretion in determining the quantity.

The district court fully considered Appellant’s arguments for sentencing entrapment and found that “this defendant was ready and willing to engage in this transaction, and sentencing entrapment has not been proved here.” In the context of the arguments, this finding addressed Appellant’s capability and predisposition and was sufficient to resolve the issue. That Appellant could deliver the quantity was established by the fact that he did and by *124 his remarks to the informant suggesting that he could provide the quantity if the buyer brought enough money to secure payment.

Application Note 12 to U.S.S.G. § 2D1.1 does not require that a lesser amount be used to determine the drug quantity. The “was not capable of providing”…