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UNITED STATES of America, Plaintiff-Appellee, v. Antonio SANCHEZ, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2017-01-24No. No. 15-50550
674 F. App'x 761

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Opinion

majority opinion

MEMORANDUM

Antonio Sanchez appeals from the district court’s judgment and challenges the 180-month sentence imposed following his guilty-plea conviction for conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846; distribution and possession with intent to distribute methamphetamine, aiding and abetting, in violation of 21 U.S.C. § 841(a)(1), (b)(l)(A)(viii), and 18 U.S.C. § 2(a); and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)®. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Sanchez contends that the district court erred by failing to consider evidence of derivative entrapment and its resulting sentencing entrapment as a mitigating factor to forego imposition of the five-year-sentence for his section 924(c) conviction. We disagree. Sanchez’s guilty plea waived any entrapment defense to his conviction. See United States v. Lopez-Armenta, 400 F.3d 1173, 1175 (9th Cir. 2005). Further, having suffered that conviction, Sanchez was subject to its mandatory five-year consecutive sentence, and the district court had no authority to depart below it. See 18 U.S.C. § 924(c)(1)(A)®; United States v. Wipf, 620 F.3d 1168, 1170-71 (9th Cir. 2010) (substantial assistance and safety valve are the only grounds for imposing a sentence below a mandatory minimum).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.