United States v. Juventino Gonzalez

ORDER

Appellee’s request to publish the unpublished Memorandum disposition is GRANTED. The Memorandum disposition filed July 15, 2013, is redesignated as an authored opinion by Judge Graber, with modifications. The time for filing a petition for rehearing and petition for rehearing en banc shall start anew as of the filed date of this opinion.

OPINION

Defendant Juventino Ibarra Gonzalez appeals from the district court’s judgment sentencing him to a term of 51 months in prison after he pleaded guilty to having reentered the United States illegally after removal, in violation of 8 U.S.C. § 1326 . He argues that the sentencing court erred in two ways when calculating his criminal history score. First, he argues that the court should have treated two prior sentences as a single sentence under U.S.S.G. § 4A1.2(a), rather than as two separate sentences. Second, Defendant asserts that the district court erred by' assessing additional points under U.S.S.G. § 4Al.l(d) because there was insufficient proof that he was on parole when he committed the present offense. Neither argument persuades us. Accordingly, we affirm.

A. U.S.S.G. § AAl.2(a).

Section 4A1.2(a)(2) of the Sentencing…