The following excerpt is from U.S. v. Martinez-Jacinto, 124 F.3d 214 (9th Cir. 1997):
Further, the district court's finding that the government did not engage in sentencing entrapment was not clearly erroneous. 1 See United States v. Parrilla, 114 F.3d 124, 127 (9th Cir.1997) "Sentencing entrapment occurs when a defendant, although predisposed to commit a minor or lesser offense, is entrapped in[to] committing a greater offense subject to greater punishment." See id. "In making a sentencing entrapment claim, the burden is on the defendant to demonstrate both the lack of intent to produce and the lack of the capability to produce the quantity of drugs at issue." See United States v. Naranjo, 52 F.3d 245, 250, n. 13 (9th Cir.1995) (citations omitted).
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