Grajeda-Encinas

MEMORANDUM *

Abelardo Grajeca-Encinas appeals his jury conviction and sentence for conspiracy to possess with intent to distribute 100 kilograms of cocaine and possession with intent to distribute one kilogram of cocaine. Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Grajeda-Encinas raises a claim of sentencing entrapment, citing U.S.S.G. § 2D1.1 Application Note 12 (“Note 12”). Grajeda-Encinas failed to cite to or object under Note 12 at sentencing, although he did file a “Motion to Reconsider Sentence” and argued that Note 12 supported a much lower criminal history given the amount of “fake cocaine” seized during the government sting operation. That motion was denied without explanation. Because Grajeda-Encinas did not raise his claim before the district court at the time of or prior to sentencing, it is forfeited, and we review for plain error. Fed.R.Crim.P. 52(b); United States v. Olano, 507 U.S. 725, 732 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993) (plain error standard permits an appellate court to reverse if…