Goss

MEMORANDUM *

Leslie Dean Goss appeals his jury conviction and sentence for carjacking in violation of 18 U.S.C. §§ 2119 (1) and (2). He argues that his conviction should be vacated because (1) the evidence presented was insufficient to convict him of carjacking, and (2) the district court failed to instruct the jury on his defense theory. Goss also urges the panel to reverse his sentence on the grounds that the district court erred in: (A) imposing a two-level enhancement under U.S.S.G. § 2B3.1; (B) refusing to grant his request for a horizontal departure from criminal history category VI; (C) classifying him as a career offender; and (D) refusing to grant his request for a two-level downward departure because he was a minor participant in the carjacking. Lastly, Goss contends that his sentence is unreasonable under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), and 18 U.S.C. § 3553 (a), and that it violates the Eighth Amendment’s prohibition against cruel and unusual punishment. Because the parties are familiar with the facts of this case, we do not separately recount them here. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm…