UNITED STATES of Am., Plaintiff-Appellee, v. Martin PARRILLA, Defendant-Appellant, 114 F.3d 124 (9th Cir. 1997). · Go Syfert
UNITED STATES of Am., Plaintiff-Appellee, v. Martin PARRILLA, Defendant-Appellant, 114 F.3d 124 (9th Cir. 1997). Cases Citing This Book View Copy Cite
73 citation events (31 in the last 25 years) across 9 distinct courts.
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. James Earl Matthews (4×) also: Cited "see, e.g."
9th Cir. · 2001 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
on remand, the district court should conduct further proceedings as may be necessary to enable it to make appropriate findings to resolve the factual dispute . . . .
discussed Cited as authority (verbatim quote) The Association Of Mexican-American Educators v. State Of California
unknown court · 2000 · quote attribution · 1 verbatim quote · confidence high
because the district court . . . made no specific factual findings regarding the evidence of sentencing entrapment, we vacate the defendant's sentence and remand for further proceedings
cited Cited as authority (rule) United States v. Mohanad Hammadi
6th Cir. · 2013 · confidence medium
See United States v. Jernigan, 59 Fed.Appx. 647, 650 (6th Cir.2003); United States v. Parrilla, 114 F.3d 124, 127 (9th Cir.1997).
discussed Cited as authority (rule) Korn v. United States
C.D. Cal. · 2013 · confidence medium
Smith) (stating, on direct appeal, “the district court already departed downward from the [Guideline-recommended] sentencing range, giving [defendant] the equivalent of the sentencing entrapment remedy, so any error that may have occurred in the district court’s sentencing entrapment analysis was harmless.”) (citing United States v. Parrilla, 114 F.3d 124, 127 (9th Cir.1997)); United States v. Huqueriza, 357 Fed.Appx. 115, 117 (9th Cir.2009) (Goodwin, W.
discussed Cited as authority (rule) United States v. Biao Huang (2×)
9th Cir. · 2012 · confidence medium
A defendant “bears the burden of proving sentencing entrapment by a preponderance of the evidence.” United States v. Parrilla, 114 F.3d 124, 127 (9th Cir.1997).
discussed Cited as authority (rule) Rickie D. Oliver v. State
Idaho Ct. App. · 2011 · confidence medium
The Ninth Circuit Court of Appeals expressed willingness to “decline to apply the statutory penalty provision for the greater offense that the defendant was induced to commit, and instead apply the penalty provision for the lesser offense that the defendant was predisposed to commit.” United States v. Parrilla, 114 F.3d 124, 127 (9th Cir. 1997).
discussed Cited as authority (rule) United States v. Schafer
9th Cir. · 2010 · confidence medium
See, e.g., United States v. Haynes, 216 F.3d 789 , 799-800 n. 9 (9th Cir.2000) (finding sentencing entrapment inapplicable because the police officers “in no way led [the defendants] to create or enhance” the marijuana grown); United States v. Riewe, 165 F.3d 727, 729 (9th Cir.1999) (remanding for resentencing due to a lack of factual findings on sentencing entrapment claim where the defendant argued that the amount of the second sale of drugs was larger due to the undercover officer’s request for a higher amount); United States v. Parrilla, 114 F.3d 124, 127-28 (9th Cir.1997) (remanding…
cited Cited as authority (rule) Ford v. State
Ark. Ct. App. · 2007 · confidence medium
United States v. Riewe, 165 F.3d 727, 729 (9th Cir.1999); United States v. Parrilla, 114 F.3d 124, 127 (9th Cir. 1997).
discussed Cited as authority (rule) United States v. Alarid
9th Cir. · 2006 · confidence medium
“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.” United States v. Parrilla, 114 F.3d 124, 127 (9th Cir.1997) (citations and internal quotation marks omitted).
cited Cited as authority (rule) State v. Monaco
Ariz. Ct. App. · 2004 · confidence medium
United States v. Riewe, 165 F.3d 727, 729 (9th Cir.1999); United States v. Parrilla, 114 F.3d 124, 127 (9th Cir.1997).
cited Cited as authority (rule) State of Arizona v. Matthew Rueben Monaco
Ariz. Ct. App. · 2004 · confidence medium
United States v. Riewe, 165 F.3d 727, 729 (9th Cir. 1999); United States v. Parrilla, 114 F.3d 124, 127 (9th Cir. 1997).
discussed Cited as authority (rule) United States v. Ortiz-Monroy (2×) also: Cited "see"
9th Cir. · 2003 · confidence medium
United States v. Parrilla, 114 F.3d 124, 127 (9th Cir.1997).
cited Cited as authority (rule) United States v. Morris
9th Cir. · 2002 · confidence medium
Id., citing United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).
cited Cited as authority (rule) United States v. Maria Romero
9th Cir. · 2002 · confidence medium
United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997); United States v. Newland, 116 F.3d 400, 402 (9th Cir.1997).
cited Cited as authority (rule) United States v. Minore
9th Cir. · 2002 · confidence medium
United States v. Par-rilla, 114 F.3d 124, 127 (9th Cir.1997).
discussed Cited as authority (rule) Association of Mexican-American Educators v. California
unknown court · 2000 · confidence medium
See, e.g., Morris v. Woodford, 229 F.3d 775, 781 (9th Cir.2000) ("We also emphasize that a more developed factual record with regard to those claims is necessary for meaningful appellate review.”) (Graber, J.); Merrill v. Apfel, 224 F.3d 1083, 1086 (9th Cir.2000) (remanding to the Commissioner of Social Security where record lacked finding on whether claimant met disability requirement); United States v. Parrilla, 114 F.3d 124, 125 (9th Cir.1997) ("because the district court ... made no specific factual findings regarding the evidence of sentencing entrapment, we vacate the defendant's sente…
discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Mariano Serratos BELTRAN, Defendant-Appellant (2×)
9th Cir. · 1999 · confidence medium
United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997). 24 Appellant argues that the district court improperly enhanced his sentence under § 2D1.2(a)(1), which provides that the calculation of the base offense level shall include "2 plus the offense level from § 2D1.1 applicable to the quantity of controlled substances directly involving ... an underage ... individual." Appellant asserts that while he was found to have "used" a minor to conceal the heroin, there were no findings that he "used" a minor with regard to the other drugs found in the vehicle.
discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Conrado GARCIA-GUIZAR, Defendant-Appellant (2×)
9th Cir. · 1998 · confidence medium
We review factual findings by the district court to support sentencing enhancements for clear error, see United States v. Sherwood, 98 F.3d 402, 415 (9th Cir.1996), and review the district court’s application of the guidelines to the facts of a particular ease for abuse of discretion, see United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).
discussed Cited as authority (rule) United States v. Joel Lobo-Osuna, United States of America v. Roberto Ramirez-Rangel
9th Cir. · 1998 · confidence medium
United States v. Parilla, 114 F.3d 124, 126 (9th Cir.1997). 12 "[T]his court construes [ ] multiple sentences given [to] defendant[s] convicted of more than one count of a multiple count indictment as 'a package'....
cited Cited as authority (rule) United States v. Carrie L. Aenk
9th Cir. · 1998 · confidence medium
United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).
discussed Cited as authority (rule) United States v. Bernardo Acosta-Dominguez
9th Cir. · 1997 · confidence medium
We review for clear error the district court's findings of fact underlying the sentencing decision, see United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997), and affirm. 3 Acosta-Dominguez contends that the district court failed to state its reasons for imposition of his sentence.
cited Cited as authority (rule) United States v. Wayne Gordon
9th Cir. · 1997 · confidence medium
United States v. Parilla, 114 F.3d 124, 126 (9th Cir.1997).
cited Cited "see" United States v. Jesus Velasquez-Lopez
9th Cir. · 2014 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 127 (9th Cir.1997).
cited Cited "see" United States v. Jorge Lopez-Mejia
9th Cir. · 2013 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 127 (9th Cir.1997).
cited Cited "see" United States v. Juan Velasquez-Lopez
9th Cir. · 2013 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 127 (9th Cir.1997).
cited Cited "see" United States v. George
9th Cir. · 2002 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).
cited Cited "see" United States v. Arnold
unknown court · 2002 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 127-28 (9th Cir.1997) (holding that the sentencing court must make “express factual findings” on the record regarding the defendant’s burden of proof).
cited Cited "see" United States v. Mendez-Contreras
9th Cir. · 2001 · signal: see · confidence high
See U.S. v. Parrilla, 114 F.3d 124, 128 (9th Cir.1997).
examined Cited "see" UNITED STATES of America, Plaintiff-Appellee, v. Daryl Willis RIEWE, Defendant-Appellant (4×)
9th Cir. · 1999 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 127 (9th Cir.1997).
cited Cited "see" United States v. Lopez-Sandoval
9th Cir. · 1998 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).
cited Cited "see" 98 Cal. Daily Op. Serv. 4578, 98 Daily Journal D.A.R. 6269 United States of America v. Carlos Lopez-Sandoval, United States of America v. Moises Gonzalez
9th Cir. · 1998 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).
cited Cited "see" UNITED STATES of America, Plaintiff-Appellee, v. Francisco H. GARCIA Sr., Defendant-Appellant
9th Cir. · 1998 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).
examined Cited "see" United States v. Udoma Julius Obi (3×)
9th Cir. · 1998 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).
examined Cited "see" United States v. Lloyd Myles Rucker (3×)
9th Cir. · 1997 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).
cited Cited "see" United States v. William Kenneth Allen
9th Cir. · 1997 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).
cited Cited "see" United States v. Lorenzo Naranjo
9th Cir. · 1997 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).
discussed Cited "see" United States v. Alvin Moore, AKA Shahid Mutee (2×)
9th Cir. · 1997 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).
discussed Cited "see" United States v. E. Lane Scranton (2×)
9th Cir. · 1997 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).
examined Cited "see" United States v. Jose Martinez-Jacinto, AKA David Santana-Lopez (4×)
9th Cir. · 1997 · signal: see · confidence high
See United States v. Parrilla, 114 F.3d 124, 126 . (9th Cir.1997) We review for clear error the district court's factual findings underlying a sentencing decision.
discussed Cited "see, e.g." State v. Tannert
Ohio Ct. App. · 2016 · signal: see, e.g. · confidence medium
See, e.g., United States v. Parilla, 114 F.3d 124, 127 (9th Cir.1997), citing the United States Sentencing Guidelines. {¶14} In light of the above, I would find Tannert’s sole assignment of error well taken, reverse the conviction on the firearm specifications, and remand for a new trial solely on the specifications.2 criminal act was irrelevant for constitutional purposes.
discussed Cited "see, e.g." United States v. Briggs
9th Cir. · 2010 · signal: see also · confidence medium
See, e.g., United States v. Mejia, 559 F.3d 1113, 1118 (9th Cir.2009); United States v. Riewe, 165 F.3d 727, 728-29 (9th Cir.1999) (per curiam); Naranjo, 52 F.3d at 249-50 ; Staufer, 38 F.3d at 1104-08 ; see also United States v. Parrilla, 114 F.3d 124, 126-28 (9th Cir.1997) (finding that the defendant may have been entrapped into possessing a gun during a drug trafficking crime where government agent proposed trading the gun for drugs).
discussed Cited "see, e.g." United States v. Matthews
9th Cir. · 2000 · signal: see also · confidence medium
United States v. Washington, 172 F.3d 1116, 1118 (9th Cir.1999); see also United States v. Parrilla, 114 F.3d 124, 128 (9th Cir.1997) (“On remand, the district court should conduct further proceedings as may be necessary to enable it to make appropriate findings to resolve the factual dispute .... ”); United States v. Hedberg, 902 F.2d 1427, 1429 (9th Cir.1990) (remanding for de novo sentencing proceedings).
Retrieving the full opinion text from the archive…
97 Cal. Daily Op. Serv. 3739, 97 Daily Journal D.A.R. 6414 United States of America
v.
Martin Parrilla
96-30357.
Court of Appeals for the Ninth Circuit.
May 16, 1997.
114 F.3d 124
Kris A. McLean, Assistant United States Attorney, Helena, MT, for plaintiff-appellee., Daniel Donovan, Federal Defenders of Montana, Great Falls, MT, for defendant-appellant.
Wright, Pregerson, Thompson.
Cited by 51 opinions  |  Published
PREGERSON, Circuit Judge:

This case presents the issue whether a two-level sentence enhancement for possession of a gun during a drug-trafficking crime may be applied where the defendant presents evidence that he was entrapped into possessing the gun. We hold that the gun enhancement is not applicable where the defendant proves his sentencing entrapment claim by a preponderance of the evidence. Because the district court in the present case made no specific factual findings regarding the evidence of sentencing entrapment, we vacate the defendant’s sentence and remand for further proceedings.

FACTS AND PRIOR PROCEEDINGS

On April 15,1996, a documented informant notified the Butte-Silver Bow Sheriff’s Office that he had purchased cocaine from Defendant-Appellant Martin Parrilla (“Parrilla”).[*126] The Sheriffs Office then fitted the informant •with a body wire and gave him $140 to buy more cocaine from Parrilla. The informant made a second purchase of cocaine from Parrilla later the same day.

On April 17, 1996, the Sheriffs Office and a special agent from the Bureau of Alcohol, Tobacco, and Firearms again fitted the informant with a body wire. This time, they gave the informant a nine-millimeter Llama handgun to trade with Parrilla for more cocaine. The government contends that Parrilla asked the informant for a gun to sell to Parrilla’s gang friends in Billings. Parrilla, on the other hand, denies any gang connections and contends that it was the informant who proposed bringing a gun into the trade. The transcripts of the April 15 and April 17 body wire recordings do not contain any audible portions that confirm either party’s explanation for the gun.

It is undisputed, however, that on April 17, 1996, the informant successfully traded the nine-millimeter LLama handgun for approximately 1.4 grams of cocaine from Parrilla. Later that day, police officers executed a search warrant at Parrilla’s residence. The officers found the gun, cocaine, drug paraphernalia, and $905 in cash. Parrilla was taken into custody.

On May 16, 1996, Parrilla was indicted in the United States District Court for the District of Montana on three counts: two counts of distributing cocaine in violation of 21 U.S.C. § 841(a)(1) and one count of using or carrying a gun during a drug-trafficking crime in violation of 18 U.S.C. § 924(c)(1). On June 21, 1996, Parrilla moved to dismiss the gun count on grounds of entrapment as a matter of law. The district court took Parrilla’s motion under advisement until time of trial.

The parties reached a plea agreement before trial, however, with the result that Parrilla never presented his entrapment defense. Instead, Parrilla pleaded guilty to the two counts of cocaine distribution; and the government filed a motion to dismiss the gun count, which the district court granted.

At Parrilla’s sentencing hearing on November 14, 1996, the government recommended a two-level sentence enhancement under U.S.S.G. § 2Dl.l(b)(l) for possession of a gun during a drug-trafficking crime. Parrilla argued that the gun enhancement was inapplicable because he had been entrapped into possessing the gun. Parrilla alternatively argued that if the gun enhancement were to be applied, it should be offset with a downward departure for sentencing entrapment. The district court rejected both of Parrilla’s arguments and adopted the government’s recommendation, resulting in a total offense level of twelve and a sentencing range of fifteen to twenty-one months in prison. See U.S.S.G. Sentencing Table. The court sentenced Parrilla to eighteen months in prison and three years of supervised release.

Parrilla timely appeals his sentence. We have jurisdiction under 28 U.S.C. § 1291.

STANDARD OF REVIEW

We review de novo the district court’s interpretation of the Sentencing Guidelines. United States v. Robinson, 94 F.3d 1325, 1327 (9th Cir.1996). We review for abuse of discretion the district court’s application of the Sentencing Guidelines. Id. We review for clear error the district court’s findings of fact underlying the sentencing decision. Id.

ANALYSIS

Sentencing Guideline § 2Dl.l(b)(l) provides: “If a dangerous weapon (including a firearm) was possessed [during a drug-trafficking crime], increase by 2 levels.” Application Note 3 to § 2D1.1 explains: “The enhancement for weapon possession reflects the increased danger of violence when drug traffickers possess weapons. The adjustment should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense.”

In the present case, Parrilla does not deny that in trading cocaine for a gun in the April 17 transaction, he “possessed” a gun within the meaning of § 2Dl.l(b)(l). The plain language of the guideline thus appears to require a two-level enhancement of Parrilla’s sentence. The guideline, however, fails[*127] to address sentencing entrapment as asserted by Parrilla.

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.” United States v. Staufer, 38 F.3d 1103, 1106 (9th Cir.1994) (quoting United States v. Stuart, 923 F.2d 607, 614 (8th Cir.1991)). Before the enactment of the Sentencing Guidelines, a court could prevent sentencing entrapment by exercising its discretion to ensure that a given sentence reflected the defendant’s criminal predisposition and culpability. Id. Under the determinate system of the Sentencing Guidelines, however, a court has far less latitude in sentencing. Id. at 1107. As a result, we now face “the unfairness and arbitrariness of allowing drug enforcement agents to put unwarranted pressure on a defendant in order to increase his or her sentence without regard for his predisposition, his capacity to commit the crime on his own, and the extent of his culpability.” Id. In this context, “courts can ensure that the sentences imposed reflect the defendants’ degree of culpability only if they are able to reduce the sentences of defendants who are not predisposed to engage in deals as large as those induced by the government.” Id.

We have previously identified two alternative remedies for sentencing entrapment. First, a sentencing court may decline to apply the statutory penalty provision for the greater offense that the defendant was induced to commit, and instead apply the penalty provision for the lesser offense that the defendant was predisposed to commit. See, e.g., United States v. Ramirez-Rangel, 103 F.3d 1501, 1507-08 (9th Cir.1997) (holding that defendants entrapped into trading methamphetamine for machine guns instead of ordinary guns should be sentenced in accordance with the five-year mandatory minimum for use of ordinary guns, not the thirty-year mandatory minimum for use of machine guns). Second, a sentencing court may exercise its discretion to depart downward from the sentencing range for the greater offense that the defendant was induced to commit. See, e.g., Staufer, 38 F.3d at 1108 (holding that sentencing entrapment is a proper ground for downward departure where defendant was not predisposed to engage in drug transaction of magnitude for which he was convicted).

In the present case, Parrilla offers alternative arguments for each type of remedy. First, he argues that the district court should never have applied the gun enhancement provision of § 2Dl.l(b)(l). Second, he argues that once the district court chose to apply the gun enhancement, the court should have granted a downward departure to offset the enhancement. We need not determine, for the sake of Parrilla’s second argument, whether the district court’s refusal to depart downward is reviewable. See United States v. Eyler, 67 F.3d 1386, 1390 n. 5 (9th Cir.1995) (“Generally, a district court’s refusal to grant a discretionary. departure is not reviewable on appeal.”). Instead, we resolve Parrilla’s appeal on the basis of his first argument: his contention that the gun enhancement provision should not have been applied in the first place.

We hold that if Parrilla was entrapped into trading cocaine for a gun, then the doctrine of sentencing entrapment precludes application of the two-level gun enhancement under § 2Dl.l(b)(l). Our holding rests upon the basic principle that a defendant’s sentence should reflect “his predisposition, his capacity to commit the crime on his own, and the extent of his culpability.” Staufer, 38 F.3d at 1107.

Parrilla bears the burden of proving sentencing entrapment by a preponderance of the evidence. See United States v. Naranjo, 52 F.3d 245, 250 (9th Cir.1995) (noting that defendant bears burden of proof to demonstrate lack of predisposition for sentencing entrapment claim); United States v. Cantu, 12 F.3d 1506, 1511 (9th Cir.1993) (stating that “[t]he sentencing court determines facts relevant to sentencing by a preponderance of the evidence”). The district court, on the other hand, has the obligation to make “express factual findings” as to whether Parrilla has met his burden of proof. Naranjo, 52 F.3d at 250.

[*128] The government contends that the district court properly considered and rejected Parrilla’s evidence of sentencing entrapment at the sentencing hearing. At the hearing, the district court initially remarked that “according to the presentence [report]— this defendant said he could sell guns in Billings — handguns. And so then the informant took this gun out of the police station in Butte and sold it to — traded drugs for the gun.” However, the district court then asked Parrilla’s counsel if these assertions in the presentence report were not accurate. Parrilla’s counsel responded that “those statements were not on tape, so we dispute those”; and asked the district court to examine the evidence on the body wire recordings that Parrilla had no prior experience with guns. The court then asked whether Parrilla had grown up in a place where guns were commonly used. There was no further discussion of any evidence as to whether Parrilla was predisposed to dealing with guns; and the district court never drew any explicit conclusions about the factual support for Parrilla’s sentencing entrapment claim.

Because nothing in the record shows that the district court considered all the relevant evidence or made the required findings to reject Parrilla’s sentencing entrapment claim, the record is not sufficiently developed to show whether the district court properly applied the gun enhancement. Accordingly, we vacate Parrilla’s sentence and remand to the district court for reconsideration of the evidence relating to Parrilla’s sentencing entrapment claim. See Naranjo, 52 F.3d at 251 (vacating sentence and remanding for resentencing where “[bjecause the district court provided no factual findings on the record, we are unable to ascertain what facts it relied upon in finding that Naranjo did not adequately prove sentencing entrapment”).

On remand, the district court should conduct further proceedings as may be necessary to enable it to make appropriate findings to resolve the factual dispute whether Parrilla was entrapped into possessing the gun. If the district court finds that Parrilla was entrapped into possessing the gun, then the two-level gun enhancement under § 2Dl.l(b)(l) would not be applicable and prompt resentencing would be required to biring Parrilla’s sentence within the range of ten to sixteen months. See U.S.S.G. Sentencing Table. If, on the other hand, the district court finds that Parrilla was not entrapped, then the two-level enhancement was properly applied and Parrilla’s original sentence should be reinstated.

CONCLUSION

A two-level sentence enhancement under U.S.S.G. § 2Dl.l(b)(l) for possession of a gun during a drug-trafficking crime is not applicable where the defendant shows by a preponderance of the evidence that he was entrapped into possessing the gun. In Parrilla’s case, the district court applied the gun enhancement without making any factual findings regarding the evidence of sentencing entrapment. Therefore, we vacate Parrilla’s sentence and remand for further proceedings as may be necessary to enable the district court to make appropriate findings to resolve the factual dispute whether sentencing entrapment occurred.

VACATED and REMANDED.