Figueroa

United States v. Figueroa

Good Law
210 F. App'x 609
United States Court of Appeals for the Ninth CircuitDecember 8, 2006Nos. 05-50654, 05-50693California681 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Esther Figueroa appeals her sentence of 10 years, the statutory minimum for her offense, imposed after she pleaded guilty to conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846 (a). She challenges the district court’s denial of a downward departure motion based on sentencing entrapment. She also challenges the reason *611 ableness of her sentence under United States v. Booker, 548 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I. Sentencing Entrapment

A district court’s decision to deny a downward departure motion based on sentencing entrapment is unreviewable. United States v. Ross, 372 F.3d 1097, 1113 (9th Cir.2004). However, we review the district court’s factual findings underlying a sentencing entrapment decision for clear error. 1 Id. at 1113-14 . We review de novo a district court’s determination that it lacks the authority to depart downward based on sentencing entrapment. United States v. Clough, 360 F.3d 967, 969 (9th Cir.2004).

Sentencing entrapment occurs when a defendant is induced into committing a greater offense than she was…

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