With no explanation, chose the best option from "A", "B", "C" or "D". methamphetamine and five counts of distribution of methamphetamine. Herrera now appeals his conviction and sentence. This court has jurisdiction pursuant to 28 U.S.C. § 1291 (appeal of a final decision of a district court); and 18 U.S.C. § 3742(a) (appeal of a final decision regarding a sentence). For the following reasons the conviction is affirmed. Familiarity with the facts is assumed. I. Entrapment Instruction Herrera claims that the district court did not adequately instruct the jury on his theory of the case, namely sentencing entrapment. Sentencing entrapment “occurs when ‘a defendant, although predisposed to commit a minor or lesser offense, is entrapped in committing a greater offense subject to greater punishment.’ ” United States v. Staufer, 38 F.3d 1103, 1106 (9th Cir.1994) (<HOLDING>) (quoting United States v. Stuart, 923 F.2d

A: holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal
B: holding that sentencing entrapment was a valid reason to downwardly depart under the guidelines
C: holding that a circuit court has no jurisdiction to review a district courts discretionary decision not to depart downward from the guidelines but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart
D: holding that explanation that sentencing judge was persuaded by the arguments at the hearing and in the sentencing memos that he should not depart downward from the guidelines range was sufficient
B.