Summary
noting viability of "sentencing entrapment" defense remains unresolved
Summary of this case from United States v. MontgomeryOpinion
No. 08-30138 Summary Calendar.
October 20, 2008.
Maurice Landrieu, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.
Gary V. Schwabe, Jr., Assistant Federal Public Defender, Federal Public Defender's Office, Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:07-CR-108-1.
Before KING, DENNIS, and OWEN, Circuit Judges.
Harris Robertson was arrested after he agreed to smuggle various contraband items, including a quantity of cocaine base, into the Tangipahoa Parish Jail. Robertson pleaded guilty to possession with intent to distribute five grams or more of cocaine base, a violation of 21 U.S.C. § 841. He was sentenced to 51 months of imprisonment, which was within the applicable guidelines range.
The abuse-of-discretion standard of review applies to appellate review of sentencing decisions. Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 594, 169 L.Ed.2d 445 (2007). A sentence imposed within a properly calculated guidelines range is presumptively reasonable. United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006); See also Gall, 128 S.Ct. at 594.
On appeal, Robertson argues that his sentence was unreasonable because the district court failed to take into account the Government's role in selecting cocaine base as the drug to be smuggled, which he argues constituted sentencing entrapment. We have not yet determined whether sentencing entrapment, or the related concept of sentencing factor manipulation, is a cognizable defense to a sentence. However, even if we were to do so, Robertson has not shown that he was persuaded to commit a criminal offense greater than he was predisposed to commit, or that the Government's conduct was outrageous. See United States v. Washington, 44 F.3d 1271, 1280 (5th Cir. 1995).
Robertson does not contend that his sentence is other wise procedurally or substantively unreasonable. See Gall, 128 S.Ct. at 596-97. He likewise has not rebutted the presumption that his sentence, which falls within a properly calculated sentencing guidelines range, is reasonable. See Alonzo, 435 F.3d at 554.
AFFIRMED.