FILED
NOT FOR PUBLICATION MAR 16 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50643
Plaintiff - Appellee, D.C. No. 2:08-cr-00385-VBF
v.
MEMORANDUM *
DOUGLAS MARTIN KORN,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Valerie Baker Fairbank, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Douglas Martin Korn appeals from the 135-month sentence imposed
following his guilty-plea conviction for drug crimes, in violation of 21 U.S.C.
§§ 841, 846, and 18 U.S.C. § 2(a). We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Korn contends that he was subjected to sentencing entrapment because he
lacked the predisposition to sell methamphetamine in the quantity involved in this
case. He argues that remand is necessary because the district court did not make an
express finding regarding his predisposition. These contentions fail because the
district court found that Korn had failed to establish that he lacked either the intent
or the capability to produce the quantity of drugs at issue, see United States v.
Naranjo, 52 F.3d 245, 250 (9th Cir. 1995), and because there is no evidence that
the government engaged in outrageous conduct or actively induced Korn to sell a
greater quantity of methamphetamine in order to maximize his sentence, see
United States v. Schafer, 625 F.3d 629, 639-40 (9th Cir. 2010).
AFFIRMED.
2 09-50643