Wednesday, August 08, 2012

U.S. v. Huang, No. 10-10389 (8-8-12) (Callahan with Schroeder and N. Smith).
The 9th rejects a sentencing entrapment argument. The defendant here had the intent and capacity to produce more than 900 grams of meth and acted without hesitation. Unfortunately, the 9th also holds that a defendant need not be personally involved in importing drugs to get the importation adjustment under 2D1.1(b)(5). The government needs to show that the drugs were indeed imported. This follows the 5th and 11th Circuits. Left open is whether the adjustment requires the defendant to have actual knowledge. That is not an issue here, because the defendant, under the facts, knew the drugs came from abroad. The sentence was not unreasonable.


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