Opinion
No. 06-30239.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed November 21, 2008.
James P. Hagarty, Esq., Office of the U.S. Attorney, Yakima, WA, for Plaintiff-Appellee.
Lana C. Glenn, Esq., Law Offices of Lana C. Glenn, Spokane, WA, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Washington, William Fremming Nielsen, Senior District Judge, Presiding. D.C. No. CR-03-02116-WFN.
Before: WALLACE, LEAVY, and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
William Gene Scribner appeals from the 140-month sentence imposed after he was resentenced following a limited remand pursuant to United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir. 2005) (en banc). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Scribner contends that the district court erred at resentencing by failing to consider his request for a downward departure based on sentencing entrapment. We conclude that the district court did not err in this respect because Scribner failed to renew his entrapment arguments at resentencing. See United States v. Matthews, 278 F.3d 880, 885-86 (9th Cir. 2002) (en banc); see also United States v. Si, 343 F.3d 1116, 1128 (9th Cir. 2003).