United States v. Oscar Romero-Rodriguez

MEMORANDUM

Oscar Romero-Rodriguez appeals his prison sentence of 46 months for unlawful re-entry following removal in violation of 8 U.S.C. §§ 1326 (a), (b)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. In calculating Romero-Rodriguez’s criminal history category, the district court correctly added two points each for his 1999 and 2005 state convictions. Sentencing Guidelines § 4Al.l(b) permitted the district court to add two criminal history points “for each prior sentence of imprisonment of at least 60 days” which Romero-Rodriguez actually served. In each case, the Los Angeles County Superior Court imposed a partially suspended sentence with a term of incarceration of at least 60 days as a condition of probation. Romero-Rodriguez actually served time in jail for both convictions. Therefore, pursuant to U.S.S.G. § 4Al.l(b), the district court properly assigned two points for each conviction. See United States v. Buzo-Zepeda, 609 F.3d 1024, 1026 (9th Cir.2010); United States v. Mendoza-Morales, 347 F.3d 772, 778 (9th Cir.2003).

2. The district court also added one point for a 2008 state conviction for felony transportation of marijuana, to which…