U.S. v. Garcia

In prosecution on drug and firearm charges that stemmed from certain controlled purchases of drugs and firearm between defendant and confidential informant (CI), Dist. Ct. could properly find that government met its burden of showing beyond reasonable doubt that defendant was not entrapped into making charged weapon and firearm transactions, even though defendant argued that he and CI had “important” friendship, and that CI made several requests for defendant to sell him drugs and firearm. Ct. of Appeals found that defendant and CI were mere acquaintances in same gang and were not close friends. Moreover, friendship alone is not enough to establish inducement for entrapment purposes, and that CI did not invoke his friendship status with defendant when asking defendant about availability of drugs or weapon. Also, defendant never refused CI’s multiple requests to purchase drugs and weapon, and defendant demonstrated familiarity with availability and pricing of street drugs and suggested that CI purchase methamphetamine. Dist. Ct., though, committed plain error when sentencing defendant to 210-month term of incarceration, where Dist. Ct. relied on presentence report that improperly increased offense level based on defendant’s prior convictions for crimes of violence that, due to their age, did not receive criminal history points.