United States Ninth Circuit

Defendant's conviction and sentence for conspiracy and possession with intent to distribute methamphetamine are affirmed where: 1) defendant was not subject to sentencing entrapment because he had the intent and capacity to produce more than 900 grams of methamphetamine and acted on that intent without hesitation; 2) defendant need not be personally involved in the importation of drugs to receive the section 2D1.1(b)(5) importation enhancement as it is enough for the government to show that the drugs were imported; and 3) the sentence was reasonable even though it was the same as his co-defendant's sentence who cooperated with the government while defendant did not.

Appellate Information

• Decided 08/08/2012
• Published 08/08/2012

Judges

• Callahan

Court

• United States Ninth Circuit

Counsel