Figueroa
United States v. Figueroa
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…