Mercado

MEMORANDUM *

A jury found Appellant-Defendant Mois-és Valle Mercado (“Mercado”) guilty of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. In this appeal, Mercado contends he was entrapped, there was insufficient evidence to support a guilty verdict on Count 2, and the district court erred at sentencing by failing to grant him a “minor participant” downward departure.

Viewing the evidence in the government’s favor, a reasonable jury could have concluded the government disproved the elements of the entrapment defense. See United States v. Williams, 547 F.3d 1187 , 1197 n. 8 (9th Cir.2008) (citation omitted). Mercado’s connection to the supplier of the methamphetamine and his familiarity with the drug sale process demonstrated he was not an otherwise innocent person induced to participate by “trickery, persuasion, or fraud.” Id. at 1197 (quoting United States v. Smith, 802 F.2d 1119, 1124 (9th Cir.1986)). The record shows that when the informant asked Mercado about drugs, Mercado indicated he could get them. Within a very short period, Mercado arranged a sale involving eight pounds of ninety-five percent pure methamphetamine.…